For those of us who wonder how that Dream Vacation ad follows us from our initial Google® search on our PC to our subsequent iPad searches: the US Federal Trade Commission (FTC) Staff Cross-Device Tracking Report has some answers, as well as some advice. Released on January 23, 2017, the Report gives insight into legal … Continue Reading
On January 25, 2017, U.S. President Donald Trump signed an Executive Order titled, “Enhancing Public Safety in the Interior of the United States,” which may affect the validity of the EU and Swiss Privacy Shield Framework that allow companies to transfer personal data to the US. The order (under Section 14) directs all federal agencies … Continue Reading
This week’s alert covers news from the EU, France, Germany and the UK. EU Greek Court Requests Preliminary Ruling on Data Retention France French Government Publishes Medical Data Regulation Germany Federal Network Agency Receives More Consumer Complaints than Ever Federal Police Tests Self-Service System for Border Controls at Frankfurt Airport Video Surveillance in Public Areas … Continue Reading
Commercial use of drones is on the rise, with companies like Amazon (which recently filed a patent for a “flying warehouse”) positioning themselves at the forefront of the field. The challenge is to capitalise on drones’ commercial and technological potential, whilst navigating a complex and developing area of law. UK regulation is comparatively flexible, although … Continue Reading
This week’s alert covers news from the EU, Germany and the United States. EU New Regulation Proposed to Ensure Privacy in Electronic Communications Germany Bavarian Data Protection Authority Informs on Marketing in the GDPR Context German Lawyers’ Association Takes Stand on the Issue of Data Ownership United States Email Privacy Act Again Before US Congress … Continue Reading
In the aftermath of the Court of Justice of the European Union’s (“CJEU”) judgment invalidating Safe Harbor, on 16 December 2016 the European Commission published two decisions, changing its previous decisions on standard contractual clauses (“SCC”) and adequacy decisions on third countries. Arguably, the amendments have been made in order to minimise the risk of … Continue Reading
This week’s alert covers news from the UK and the USA. United Kingdom Investigatory Powers Act Challenged in Court of Justice for the European Union United States New York Department of Financial Services Issues Revised Cybersecurity Regulation Privacy Implications of 21st Century Cures Act Case Under Illinois Biometric Privacy Law Settled For more information on … Continue Reading
We have previously posted on the new French Digital Republic Bill which modified a number of provisions of the French Data Protection Act and other data protection related regulations. This post looks at another change introduced by the Bill. The Bill introduces a new regulation on online platforms, in the consumer protection code and the … Continue Reading
On 7 October 2016, a new French Digital Republic Bill came into force, modifying a number of provisions of the French Data Protection Act and other data protection related regulations. The Bill: modifies the rights of data subjects and the obligations of data controllers; increases the powers of the CNIL; introduces a new provision on … Continue Reading
After the brutal terror attacks in Berlin and Ansbach and the rampage in Munich last year, the German Government intends to allow video surveillance in public areas. Therefore, the German Government has presented a draft law that facilitates video surveillance for private operators of public areas and public events. More precisely, the Federal Data Protection … Continue Reading
A recent Federal Trade Commission (FTC) settlement is a reminder that companies should make sure that they live up to their privacy policies and that their opt-out procedures work as promised. If not, the FTC is likely to claim that the company violated Section 5 of the FTC Act by engaging in unfair and deceptive … Continue Reading
On 21 December 2016, the Court of Justice of the European Union (“CJEU”) issued a new ruling interpreting national laws in the UK and Sweden which obligate telecommunications operators to engage in the bulk collection of metadata associated with various forms of data communications transmissions. The issues were referred to the CJEU by the UK and … Continue Reading
Two connected toys, My Friend Cayla and i-Que robot, by Genesis have been receiving trans-Atlantic attention this month for alleged privacy, security and advertising law violations. On December 6, 2016, public interest organizations in the U.S. and European Union submitted complaints to the Federal Trade Commission (“FTC”) and EU Data Protection Authorities (“DPAs”). The complaints … Continue Reading
This week’s alert covers news from the UK, France and Germany. UK Investigatory Powers Act Given Royal Assent Information Commissioner’s Offce (ICO) Issues More Fines to Companies Sending Spam Texts France Class Action for Data Protection Newly Introduced in France Germany Statement of Länder Data Protection Authorities on Representation in the European Data Protection Board … Continue Reading
On December 2, 2016, the Federal Communications Commission (FCC or Commission) published its Consumer Broadband Privacy Report and Order in the Federal Register. The Report and Order, released by the FCC on Wednesday, November 2, 2016—just one week after adoption—imposes significant restrictions on the use of sensitive customer proprietary information by retail broadband internet access … Continue Reading
While over the last several months, many have expressed concern about cloud service providers’ (“CSPs”) ability to comply with the General Data Protection Regulation (“GDPR”), at the end of November some clarity was provided. On November 30, 2016, the Cloud Select Industry Group (“C-ISG”) agreed on a Code of Conduct on Data Protection for CSPs … Continue Reading
This week’s alert covers news from the UK, Germany, France and the US. UK Investigatory Powers Bill One Step Closer to Royal Assent Gambling Websites Warned About Using Personal Data Germany Data Protection Authorities Examine Data Transfers France France issues new clinical trial and medical research norms US Russian Court Upholds LinkedIn Block Annette Demmel (Germany) … Continue Reading
This week’s alert covers news from the EU, UK, Germany and France. EU EU Data Protection Supervisor (EDPS): More Needs to Be Done to Allow Individuals to Take Back Their Online Identity UK Nuisance Callers Face Increased Fines Elizabeth Denham Welcomes UK Government Confirmation That It Will Implement the GDPR Germany Voßhoff Welcomes Federal Administrative … Continue Reading
This week’s alert covers news from France and Germany. France French National Data Protection Authority (CNIL) Issues First Digital Safe Label French National Data Protection Authority (CNIL) Ordered to Put a Time Limit on the Publication of Its Sanctions Germany German Lawyers’ Association Supports Restriction of Telecommunication Privacy Concerning Digital Inheritance Association Presents New Occupational … Continue Reading
On October 7, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) published guidance (“Guidance”) on how cloud services providers (“CSPs”) and covered entities using cloud computing solutions can comply with the privacy, security, and breach notification rules of the Health Insurance Portability and Accountability Act (“HIPAA”). Over the last … Continue Reading
On November 3, ten of the German Data Protection Supervisory Authorities (“DPAs”) announced they will be working together to select approximately 500 companies in Germany to audit for international personal data transfers for the purpose of raising awareness of data protection law. Over the coming days, the investigations will be initiated with a questionnaire. The … Continue Reading
This week’s alert covers news from: UK ICO Issue Record Fine to TalkTalk ICO Commissioner’s First Speech in Offce Germany Baden-Württemberg Commissioner Presents Assessments of IoT Products International Company Sues Germany for Remote Signal Monitoring US Yahoo Discloses Data Breach – Questions Follow States Take DHS Up on Offer to Provide Election Cybersecurity Help Annette … Continue Reading
This week’s alert covers news from: UK Parliament Hears First Reading of Unsolicited Marketing Communications (Company Directors) Bill 2016-17 Worldwide Data Breaches Increase in 2016 EU Advocate General of the Court of Justice of the European Union Finds That “RTBF Not Absolute” Guernsey Plans to Keep in Line With the GDPR Advocate General: Draft Agreement … Continue Reading
This week’s alert covers news from: UK Brexit Continues to Cast Shadows Over UK Future ICO Fines Two Companies a Total of £100,000 Information Rights Tribunal Reasserts Importance of Communicating Breaches to the ICO Germany Bavarian Data Protection Authority Releases App Inspection Catalogue Federal Ministry of the Interior Considers Extending Data Retention to Messenger Services … Continue Reading
