Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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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

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

Privacy Shield Details Have Been Revealed: Here’s What Companies Need to Know

The European Commission has published its draft adequacy decision on the EU-U.S. Privacy Shield, the proposed data transfer framework that would replace the defunct Safe Harbor program. The draft adequacy decision formally...more

3/22/2016 - Data Protection Authority Department of Transportation (DOT) EU EU-US Privacy Shield European Commission FTC International Data Transfers Notice Requirements Opt-Outs Personal Data U.S. Commerce Department US-EU Safe Harbor Framework

Passage of the U.S. Redress Act Raises Confidence in Privacy Protection for Transatlantic Data Flows

The U.S. Judicial Redress Act has been signed into law by President Obama. The move marks an important step in data transfer relations between the EU and the United States, gives the green light to the EU-U.S. law enforcement...more

3/3/2016 - EU EU Data Protection Laws EU-US Privacy Shield European Commission European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Law Enforcement Schrems v Data Protection Commissioner Umbrella Agreement

The CNIL sets expectations as to the ‘EU-U.S. Privacy Shield’ and starts implementing enforcement measures in case of Safe Harbor...

Further to the EU Commission press release on the “EU-U.S. Privacy Shield” and the Article 29 Working Party (WP29) statement illustrating that more discussions on the new arrangement are to come, the French CNIL (a) issued a...more

2/12/2016 - Article 29 Working Party (WP29) Binding Corporate Rules CNIL Enforcement Actions EU EU-US Privacy Shield Facebook France International Data Transfers Standard Contractual Clauses US-EU Safe Harbor Framework

Article 29 Working Party updates its Opinion on applicable law

The Article 29 Working Party (WP29) has updated its Opinion on applicable law and has introduced a new ‘inextricable link’ test representing a new element to the existing ‘in the context of the activities of an establishment’...more

2/12/2016 - Article 29 Working Party (WP29) Data Processors EU EU Data Protection Laws European Court of Justice (ECJ) Google Personal Data Spain

EU Data Protection Regulators All Set to Scrutinise ‘EU-U.S. Privacy Shield’ and Transfer Mechanisms to the U.S. Generally

On 3 February, the Article 29 Working Party (‘WP29’), a group comprising representatives of the EU Member States’ Data Protection Authorities (“DPAs”), issued a statement cautiously welcoming the agreement on an “EU-U.S....more

2/8/2016 - Article 29 Working Party (WP29) Binding Corporate Rules Data Protection Authority EU EU-US Privacy Shield European Court of Justice (ECJ) International Data Transfers Popular Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Happy Data Protection Day! ICO and Senate Committee’s spotlight on data protection

In preparation for European Data Protection Day on 28 January, the ICO commissioned a survey on attitudes towards data protection. The YouGov poll revealed growing public concern over data privacy and security. Of more...more

1/29/2016 - Data Security EU EU Data Protection Laws General Data Protection Regulation (GDPR) ICO Judicial Redress Act Personal Data Senate Judiciary Committee Surveys US-EU Safe Harbor Framework

Progress made on the Trade Secrets Directive

On 15 December 2015, Members of the European Parliament (MEPs) came to a preliminary agreement over new rules against the theft or misuse of trade secrets. The rules, which are set out in the draft Trade Secrets Directive,...more

1/7/2016 - EU Freedom of Expression Limitation Periods Member State Trade Secrets

European Institutions give the GDPR a warm welcome

In December, we reported that the European Parliament and Council had reached agreement on the text of the General Data Protection Regulation (GDPR). As 2015 drew to a close, the agreement was welcomed and approved by various...more

1/6/2016 - Article 29 Working Party (WP29) EU General Data Protection Regulation (GDPR) ICO

Intrusive Surveillance Technologies next on the agenda for the EDPS

In an Opinion and press release issued 15 December 2015, the European Data Protection Supervisor (EDPS), Giovanni Buttarelli, urged caution over the trade and use of covert monitoring technologies. The Opinion focussed on...more

1/6/2016 - Digital Single Market EU EU Data Protection Laws General Data Protection Regulation (GDPR) Human Rights Surveillance Technology

Full steam ahead for the EU’s new Trade Mark Directive

On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal...more

1/6/2016 - Community Trademark Counterfeiting EU Trade Mark Directive Trademark Registration Trademarks

A New EU Era of Cybersecurity on the Horizon

After almost three years, consensus has been finally reached on the text of the Network and Information Security (“NIS”) Directive, the first-ever, EU-wide cyber security regulation. The NIS Directive (or Cybersecurity...more

12/18/2015 - Critical Infrastructure Sectors Cyber Incident Reporting Cybersecurity Data Security EU Network Security Operators of Essential Services Popular

Agreement reached on the GDPR

Earlier this month, we reported the progress of trilogue discussions on the long-awaited General Data Protection Regulation (GDPR). On 15 December 2015, almost four years after the legislative proposal was originally tabled...more

12/17/2015 - Data Breach Digital Single Market EU EU Data Protection Laws Fines General Data Protection Regulation (GDPR)

Countdown to the General Data Protection Regulation…

With the festive season now firmly upon us, there are indications that European Union institutions could soon be delivering an early Christmas present to businesses: the conclusion of trilogue negotiations on the General Data...more

12/4/2015 - Cyber Incident Reporting Data Protection Authority Digital Single Market EU General Data Protection Regulation (GDPR) Personal Data

Could the UK see a shake-up of its Data Retention Powers? Questions referred to the CJEU

On 20 November 2015 the UK’s Court of Appeal referred questions on data retention to the Court of Justice of the European Union (CJEU) following a challenge to the Data Retention and Investigatory Powers Act (DRIPA) 2014....more

12/1/2015 - Data Retention EU EU Data Protection Laws European Court of Human Rights European Court of Justice (ECJ) Telecommunications UK

The French CNIL officially requires the use of EU Model Clauses as a quick fix for businesses impacted by the recent Safe Harbor...

On 19 November, the Commission nationale de l’informatique et des libertés (CNIL) published an article entitled ‘Safe Harbor: What should businesses do?’ and associated FAQs aimed at businesses impacted by the Court of...more

12/1/2015 - Article 29 Working Party (WP29) Binding Corporate Rules CNIL EU European Court of Justice (ECJ) France International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

Optical Express appeal highlights the need for caution over third-party marketing lists

In a decision of 31 August 2015, the First-Tier Tribunal provided important clarification on the use of third-party mailing lists. Optical Express v Information Commissioner (EA/2014/0014) is significant for organisations...more

11/24/2015 - Data Protection Authority EU EU Data Protection Laws Informed Consent Marketing Text Messages Third-Party

Safe Harbor update: European Commission issues communication following Safe Harbor invalidation – Safe Harbor 2.0 in three months?...

On 6 November, the European Commission released a Communication on the implications of the Court of Justice of the European Union’s (CJEU) decision in Maximillian Schrems v Data Protection Commissioner (Case C-362/14)....more

11/11/2015 - Binding Corporate Rules EU European Commission International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

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