Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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Data Protection in a Post-Brexit Landscape

The United Kingdom’s vote to leave the European Union coincides with a seismic change in data protection law. Once Article 50 of the Lisbon Treaty is invoked, there will be a period of two years to complete negotiations and...more

6/29/2016 - Article 50 Treaty of the EU Data Controller EU EU-US Privacy Shield General Data Protection Regulation (GDPR) ICO International Data Transfers Personal Data Treaty of Lisbon UK UK Brexit UK Data Protection Act

Unprecedented High Court Decision Orders the Destruction of Confidential Information on the Defendants’ Computers

The High Court in Arthur J. Gallagher Services (UK) Limited and others v Skriptchenkov and others [2016] EWHC 603, granted 11 February a mandatory injunction ordering the inspection and imaging of electronic devices and...more

6/21/2016 - Confidential Information Document Destruction Electronically Stored Information Former Employee Intellectual Property Protection Misappropriation Trade Secrets UK

German Data Protection Authority fines companies for transferring data to the United States

Following the CJEU’s judgment of October 2015 invalidating the European Commission’s Safe Harbor Decision, the Data Protection Authority Hamburg (“DPA Hamburg“) started investigations against 35 internationally operating...more

6/9/2016 - Article 29 Working Party (WP29) Data Protection Authority Fines Germany International Data Transfers Personal Data Popular Standard Contractual Clauses US-EU Safe Harbor Framework

UK relies on EU Treaty exception to avoid “anti-FISA” data transfers clause in European General Data Protection Regulation...

In a written statement to Parliament, Baroness Neville-Rolfe confirmed the UK Government’s view that the Treaty on the Functioning of the European Union (“TFEU”) means that Article 48 of the GDPR does not apply to the UK....more

5/25/2016 - Edward Snowden EU Foreign Intelligence Surveillance Act General Data Protection Regulation (GDPR) International Data Transfers Opt-In Personal Data Surveillance TFEU UK

Cyber Security Takes Centre Stage in UK Government’s Strategy

The UK Department for Culture, Media and Sport recently released a statement on cyber security, in which it urged businesses to take better care to protect against cyber criminals. This statement follows publication of its...more

5/25/2016 - Cyber Attacks Cyber Crimes Cyber Threats Cybersecurity Data Breach Data Breach Plans Data Protection UK

The Network and Information Security Directive: Serious Cyber Attacks Will Require Notification

The Council of the European Union adopted the EU Network and Information Security (NIS) Directive (the ‘Directive’) 17 May, ready for final adoption by the European Parliament. The Directive, initially proposed in 2013, has...more

5/23/2016 - Critical Infrastructure Sectors Cyber Attacks Cyber Incident Reporting Cyber Threats Cybersecurity Data Breach Digital Service Providers EU EU Council of Ministers General Data Protection Regulation (GDPR) Member State New Legislation NIS Directive Notice Requirements

Advocate General’s opinion states that IP addresses are Personal Data

On 12 May, the Advocate General’s (AG) opinion in Case C-582/14 Patrick Breyer v Germany was released, stating that dynamic IP addresses should be considered personal data for the purposes of EU data protection law. Although...more

5/20/2016 - Advocate General Data Collection EU EU Data Protection Laws European Court of Justice (ECJ) General Data Protection Regulation (GDPR) Germany Notice Requirements Personal Data Websites

Galloway v Frazer & Others – A glimpse to the future of data protection litigation

On 27 January, the High Court of Northern Ireland granted British MP George Galloway leave to serve proceedings on Google Inc. out of the jurisdiction. The application was based on a variety of claims including libel,...more

5/18/2016 - Data Controller Data Processors Data Protection Authority EU General Data Protection Regulation (GDPR) Google Northern Ireland Online Videos Personal Data UK Data Protection Act YouTube

The European Cloud Initiative: Will Data Protection Requirements Cause Stormy Weather?

The European Commission (EC) recently proposed the European Cloud Initiative (ECI): a plan to create a world-class data infrastructure to store, manage, transport and process data at high speeds. The primary aims are to...more

5/18/2016 - Anonymization Cloud Computing Digital Single Market EU EU Data Protection Laws European Commission General Data Protection Regulation (GDPR) Infrastructure Personal Data

PCI Council Reacts Again to Data Security Threats

Responding to the increasingly significant threats to customer payment information, the Payment Card Industry Security Standards Council (‘PCI SSC’) has published an update to its data security standard (‘PCI DSS’). Version...more

5/18/2016 - Authentication Biometric Information Credit Cards Data Protection Data Security PCI-DSS Standard

European Commission Publishes Proposal for Signing the EU-U.S. Umbrella Agreement

The EU-U.S. data protection Umbrella Agreement consists of a framework of principles and safeguards for trans-Atlantic transfers of personal data (such as criminal records, names and addresses) in relation to the prevention,...more

5/18/2016 - Consent Counter-Terrorist Criminal Investigations Data Retention Data Security EU European Commission International Data Transfers Judicial Redress Act Law Enforcement Personal Data Umbrella Agreement

Beyond Bitcoin: Blockchain - The Essential Building Block in Designing the Future

Bitcoin relies on its peer-to-peer network to do two things: maintain the authoritative ledger of transactions and issue new currency. The application of the blockchain is anticipated to extend far beyond financial services...more

5/12/2016 - Bitcoin Block Chain Corporate Counsel EU Financial Sector Popular Regulatory Standards Underwriting White Paper Young Lawyers

EU Trade Mark Regulation (EU) 2015/2424 in force

On 23 March 2016, European Union Trade Mark Regulation (EU) 2015/2424 came into force. The new Regulation amends Community Trade Mark Regulation 207/2009/EC, and makes a number of procedural and substantive changes to EU...more

5/5/2016 - Community Trademark Customs EU European Union Intellectual Property Office (EUIPO) European Union Trade Mark (EUTM) Intellectual Property Protection New Guidance New Regulations OHIM Trademark Infringement Trademarks

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

5/5/2016 - Data Controller Data Processors Data Protection EU EU Data Protection Laws International Data Transfers New Legislation Personal Data Prior Express Consent Turkey

EU General Data Protection Regulation in force from 25 May 2018: the Countdown to Compliance starts now

The long-awaited General Data Protection Regulation was published in the Official Journal of the European Union on 4 May 2016. This means that the most comprehensive reform to the EU’s omnibus data protection law in 20 years...more

5/4/2016 - Data Protection Authority EU Fines General Data Protection Regulation (GDPR) ICO New Guidance Personal Data Trade Associations UK

New Encryption Guidance Published by the ICO

The UK Information Commissioner’s Office (ICO) has released updated guidance on the use of encryption. The guidance highlights that in many areas, the ICO expects encryption software to be used, and in the future where data...more

5/3/2016 - Data Breach Data Protection Authority Encryption EU General Data Protection Regulation (GDPR) Guidance Update ICO Personal Data Popular Risk-Based Approaches UK UK Data Protection Act

WiFi Privacy: Network Analytics Guidance Issued by ICO

The Information Commissioner’s Office (ICO) has issued guidance to help wireless (WiFi) operators understand their duties under the Data Protection Act 1998 (DPA) when collecting and using location and other analytics...more

4/29/2016 - Data Controller Data Protection Data Retention ICO Network Security New Guidance Opt-Outs Personal Data UK Wifi Wireless Industry Wireless Internet Service Providers

Ofcom Releases Statement on Spectrum for the ‘Internet of Things’

Last year, we reported on Ofcom’s Statement on ‘Promoting investment and innovation in the Internet of Things (IoT)’ (Statement). IoT refers to the exponentially growing network of products that are capable of communicating...more

4/29/2016 - Data Protection Internet of Things Licenses M2M OFCOM Personal Data Spectrum UK

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

4/25/2016 - Competition Digital Single Market E-Commerce EU European Commission Exclusive Territory Geo-Blocking License Agreements

European Commission Launches Public Consultation on Revision of ePrivacy Directive

Pursuant to its Digital Single Market strategy and adoption of the General Data Protection Regulation (GDPR), the European Commission (EC) has launched a public consultation on the revision of Directive 2002/58/EC, better...more

4/21/2016 - Consultation Periods Digital Single Market EU EU Data Protection Laws EU Directive European Commission General Data Protection Regulation (GDPR) Member State Privacy Laws

The Data Protection Directive Is Dead! Long Live the General Data Protection Regulation!

After four years of protracted discussions and negotiations, the General Data Protection Regulation (the “GDPR”) gained final approval from the European Parliament 14 April. It will enter into force 20 days after publication...more

4/21/2016 - Binding Corporate Rules Consent Data Controller Data Processors Data Protection Authority EU EU Data Protection Laws Extraterritoriality Rules Fines General Data Protection Regulation (GDPR) International Data Transfers Personal Data

South Korea Sharpens the Teeth of Its Privacy Law

The Act on the Promotion of Information Communication Network Utilization and Information Protection (“PICNUIA”) has been amended to include potential punitive damages for South Korean businesses that provide services over...more

4/20/2016 - Amended Legislation Consent Corporate Counsel Damages Data Breach Data Protection International Data Transfers Internet Mobile Apps Personal Data Sanctions South Korea

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all...more

4/5/2016 - Consent Data Protection Authority EU Fines General Data Protection Regulation (GDPR) Guidance Update ICO Marketing Telemarketing Third-Party Service Provider UK

New Decree defines the scope of Kazakhstan’s state electronic database

At the end of February, the Government of the Republic of Kazakhstan enacted Decree No. 117, providing that the types of personal data to be stored in the state’s electronic database are...more

3/30/2016 - Data Processors Data Protection Databases Kazakhstan Penalties Personal Data Personally Identifiable Information

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