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Weekly Data Privacy Alert – 30 August 2016

This week’s alert covers news from: Germany International Working Group Makes Recommendations for Privacy in Internet Telephony Nordrhein-Westfalen Data Protection Commissioner Comments on Speed Check Services US EPIC Challenges New FAA Drone Rules Software Manufacturer May Be Liable for Privacy Invasion Due to Use of Spyware For more information on any of these items, or … Continue Reading

Weekly Data Privacy Alert – 22 August 2016

This week’s alert covers news from: EU EU-US Privacy Shield: Three Weeks On Germany Bavarian Government Adopts New Security Concept Federal Labour Court: Employee Right to Inspection For more information on any of these items, or data privacy issues generally, please feel free to call any of the following individuals: Annette Demmel (Germany) Francesca Fellowes (Leeds)… Continue Reading

European Commission Finds Privacy Shield “Adequate” But Uncertainty Remains

As we predicted last week, the European Commission has moved swiftly to issue an adequacy decision that formally adopts an agreement finalized with the US Department of Commerce in June concerning arrangements to legitimize the transfer of EU personal data to the US. The much anticipated “EU-US Privacy Shield” arrangements will replace the Safe Harbor regime, … Continue Reading

EU Member States Pave Way for Approval of EU-U.S. Privacy Shield

European Commission Vice-President Andrus Ansip and DG Justice Commissioner Věra Jourová jointly announced today that representatives of EU Member States have voted to approve the EU-U.S. Privacy Shield.  The Privacy Shield is the heavily negotiated framework for legitimizing transatlantic data flows that will replace the Safe Harbor arrangements, which were invalidated following a decision issued … Continue Reading

Weekly Data Privacy Alert – 4 July 2016

This week’s alert covers news from: EU EU Council Agrees on New Measures Against Cybercrimes France The CNIL Opens a Period of Public Consultation on the GDPR The French State Council Rules on Rights to Access Personal Data of the Deceased UK The House of Commons’ Culture, Media and Sport Committee Publishes a Report on … Continue Reading

Weekly Data Privacy Alert – 27 June 2016

This week’s alert covers news from: EU EU and US Sign Umbrella Agreement France France Launches New Do-Not-Call List French Supreme Court Rules on Privacy Rules Germany Thüringen Data Protection Commissioner: Private Video Recordings Require Notification Hamburg Data Protection Officer Has Fined Companies for Illicit Data Transfers to the US US Amendment to Illinois Biometric … Continue Reading

Weekly Data Privacy Alert – 23 May 2016

This week’s alert covers news from: EU EU Council Adopts the Network and Information Security Directive The Court of Justice of the EU Advises that IP Addresses are Personal Data France The CNIL Publishes Blanket Authorisations for Data Controllers in the Healthcare Sector Germany Bundesrat Debates Criminal Prosecution of  “Gawkers” US U.S. Supreme Court Issues … Continue Reading

Weekly Data Privacy Alert – 9 May 2016

This week’s alert covers news from: EU Publication of the New EU General Data Protection Regulation EU Passenger Name Record Directive Adopted by the Council Amendments to the Privacy and Electronic Communications Regulations Germany Higher Regional Court of Cologne: Internet Contact Forms Require Privacy Statement Bundesrat Debates Right of Action for Data Protection Authorities for … Continue Reading

EU General Data Protection Regulation’s Two Year Compliance Period Starts May 24, 2016

Following  four years of discussions, on May 4, 2016, the Official Journal of the European Union published the EU General Data Protection Regulation (“GDPR”). The GDPR, which will enter into force on May 24, 2016, will replace the data protection directive, Directive 95/46/EC, from 1995.  Companies will then have until May 25, 2018, when the … Continue Reading

Weekly Data Privacy Alert – 27 April 2016

This week’s alert covers news from: EU European Data Protection Supervisor Releases Case Law Overview for 2014/15 Germany Brandenburg Data Protection Commissioner Presents Activity Report for 2014/15 Resolutions by the 91st Conference of German Privacy Commissioners UK The ICO Releases a Statement on the Implications of Brexit for Data Protection For more information on any … Continue Reading

Weekly Data Privacy Alert – 18 April 2016

This week’s alert covers news from: EU GDPR Finally Agreed Article 29 Working Party to Give Opinion on the EU/US Privacy Shield France The CNIL Has Published its Annual Report for 2015 CNIL Participates in the ”Sweep Day” Germany Government Criticism on the Draft “Digitalisation of Energy Transition” Berlin Data Protection Commissioner Releases Activity Report for 2015 … Continue Reading

FTC Prescribes Data Security and Privacy Best Practices for Mobile Health App Developers

Mobile apps that collect and report health-related data have increased consumers’ knowledge and tracking of their individual health issues in inventive ways– a consumer can count her daily steps and caloric intake, monitor blood pressure, and track many other variables.  Some apps are interactive and are capable of transmitting data to health professionals—or other third … Continue Reading

Weekly Data Privacy Alert – 1 April 2016

This week’s alert covers news from: France OpposeTel Appointed to Protect Against Unwanted Telemarketing Calls CNIL Fines Google €100,000 Germany Positive Views of the General Data Protection Regulation in the German Parliamentary Committee German Association for Data Protection Heavily Criticizes Privacy Shield UK Swansea Dubbed “UK’s Cold Call Capital” US Three Separate Class Action Cyber … Continue Reading

Weekly Data Privacy Alert – 21 March 2016

This week’s alert covers news from: France French Data Protection Authority Issues a Blanket Authorisation Regarding Data Processing for Litigation Purposes Germany Stiftung Datenschutz Critically Comments on Privacy Shield German Lawyers’ Association Gives its Opinion on Dashcams German Data Protection Commissioners Release Guide for Private Email Use at the Workplace UK ICO Releases New Encryption … Continue Reading

Political Robocalls Are Subject to TCPA Rules: Reminder from Federal Communications Commission Enforcement Advisory

The presidential campaign is well underway in the U.S., even though the election is over 6 months away.  Many candidates reach out to the public through automated phone calls or texts, often referred to as “robocalls,” and prerecorded voice calls. To remind candidates and their campaigns that those calls and texts are regulated under the federal … Continue Reading

Privacy Shield Package Released; EU Determination of “Adequacy” Next

The United States and the European Union today released a package of “EU-U.S. Privacy Shield materials,” which flesh out the Framework agreed to on February 2, 2016. Called the “Privacy Shield Package” in the transmittal letter from US Secretary of Commerce Penny Pritzker, the package is founded on a series of “EU-U.S. Privacy Shield Framework … Continue Reading

Weekly Data Privacy Alert – 15 February 2016

This week’s alert covers news from: EU Article 29 Working Party Comments on EU-US Privacy Shield One in Four Internet Users in the EU Experienced Security-Related Problems in 2015 UK The UK Won’t Opt-In to the EU General Data Protection Regulation US President Obama Signs Executive Order Establishing Federal Privacy Council Senate Passes the Judicial … Continue Reading

Weekly Data Privacy Alert – 9 February 2016

This week’s alert covers news from: EU New EU-US Privacy Shield Agreed Germany Peter Schaar Becomes President of “Gematik” Conciliation Board New Berlin Data Protection Officer Appointed Baden-Württemberg Data Protection Officer Presents Activity Report for 2014/2015 Turkey Turkey Data Protection Bill Aimed to be Enacted in the First Quarter of 2016 UK ICO: Draft New … Continue Reading

EU-US Privacy Shield: New Framework for Transatlantic Data Flows Agreed Upon by EU and US Negotiators

After two years of negotiations, the European Commission (EU Commission) and the US Government have agreed upon a new data flow framework to replace the “Safe Harbor” program, the legal basis for which was invalidated by the European Court of Justice in October 2015. According to an EU Commission press release, the new EU-US Privacy … Continue Reading
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