Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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Latest Posts › EU


EU Court Ruling on Safe Harbor Expected 6 October

Last week we blogged about the game-changing ECJ Advocate General recommendation that the court was to find the U.S.-EU Safe Harbor program invalid. It was anticipated that the court would not issue judgment for several...more

9/30/2015 - Advocate General Binding Corporate Rules Data Privacy Data Security EU EU Data Protection Laws European Commission European Court of Justice International Data Transfers Personal Data Umbrella Agreement US-EU Safe Harbor Framework

Safe Harbor Invalid! Will the ECJ follow the Advocate General recommendation?

Advocate General Yves Bot today delivered an opinion recommending that the European Court of Justice (ECJ) find the U.S.-EU Safe Harbor Program invalid. His opinion, while non-binding, relates to a request for a preliminary...more

9/24/2015 - Advocate General Binding Corporate Rules Cybersecurity Data Privacy Data Protection Data Protection Authority Data Security EU EU Data Protection Laws European Court of Justice International Data Transfers NSA Personal Data US-EU Safe Harbor Framework

EU Data Protection Reforms: ICO Critiques Council Draft Regulation Over Consent, Access Rights, EU v. Member State Balance of...

With the EU Data Protection “reform train” rounding what is hopefully the final bend towards the summit of consensus, the UK ICO have published their latest analysis on the Council’s draft EU Data Protection Regulation. The...more

9/23/2015 - Consent Data Controller Data Privacy Data Protection Data Security EU EU Council of Ministers EU Data Protection Laws European Commission Online Safety for Children Parental Consent Personal Data Personally Identifiable Information Popular Proposed Regulation UK

ENISA, European cybersecurity agency, releases 2014 annual activity report

On July 28, the European Union Agency for Network and Information Security (ENISA) published its Annual Activity Report 2014. The report summarises its operations and programs from the previous year, and highlights the areas...more

9/2/2015 - Cyber Attacks Cyber Threats Cybersecurity Data Protection Data Security ENISA EU

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement...more

8/31/2015 - Article 29 Working Group Confidentiality Cybersecurity Data Controller Data Privacy Data Protection Data Retention Data Security Electronic Communications EU European Commission Financial Services Industry MiFID Personal Data Personally Identifiable Information Proportionality Proposed Regulation

EU antitrust authorities to take value of personal data into consideration when reviewing digital markets in merger and antitrust...

In an interview on 9 April 2015, European Competition Commissioner Margrethe Vestager indicated that companies who control personal data could come under increased scrutiny from European antitrust authorities. She recognises...more

4/16/2015 - Antitrust Division Big Data Data Controller EU Strategic Enforcement Plan

Italy Releases Draft Declaration of Internet Rights

Italy’s Chamber of Deputies has proposed a ‘Draft Declaration of Internet Rights’ (Declaration), acknowledging both the way in which the internet has changed interactions and the way it has erased borders, but also noting...more

4/1/2015 - Declaration EU EU Data Protection Laws Italy

Article 29 Working Party issues its Cookie Sweep Combined Analysis - Report

On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators,...more

2/27/2015 - Cookies Data Collection EU Internet Media Right to Privacy Websites

Google signs UK Undertaking to Improve its Privacy Policy

On 30 January 2015, Google signed an Undertaking with the Information Commissioner’s Office (ICO) to improve and amend the Privacy Policy it adopted 1 March 2012....more

2/23/2015 - Big Data Data Collection Data-Sharing EU Google ICO Personally Identifiable Information Popular Privacy Policy UK YouTube

EU Art. 29 Working Party Letter on Health Data and Apps

The EU Article 29 Working Party (“WP29”) has published a letter to the European Commission (“EC”) on the scope of health data in relation to lifestyle and well-being apps, following the EC’s Working Document on mHealth and...more

2/23/2015 - Consent Cybersecurity Data Collection Data Protection Digital Health EU European Commission mHealth Mobile Apps Popular Prior Express Consent

German Data Protection Commissioners Take Action Against Safe Harbor

At the Data Protection Conference in Berlin, the Berlin and Hamburg Data Protection Commissioners (Commissioners) made a number of important announcements regarding the ‘inadequacy’ of the EU/U.S. Safe Harbor Program. ...more

2/20/2015 - Cybersecurity Data Protection EU Germany Safe Harbors

European Banking Authority Releases Internet Payment Guidelines

The European Banking Authority (EBA) released ‘Final guidelines on the security of internet payments’ (Guidelines). These Guidelines are based on the work published by the European Forum on the Security of Retail Payments...more

1/28/2015 - EU European Banking Authority Final Rules Internet Payments

EU Art. 29 Working Party Opinion on the Internet of Things

The EU Article 29 Working Party (WP29) has issued an Opinion on ‘Recent Developments on the Internet of Things’ (Opinion). The Opinion stresses the privacy and security challenges generated by the development of the Internet...more

1/21/2015 - Article 29 Working Group EU Internet of Things

EDPS publishes Guidelines on data protection in EU financial services regulation

The European Data Protection Supervisor published ‘Guidelines on data protection in EU financial services regulation’ (Guidelines) to be used as a “practical toolkit for ensuring that EU data protection rules are integrated...more

1/21/2015 - Consumer Financial Products Data Protection Authority EU EU Data Protection Laws Financial Institutions New Guidance

EU Art. 29 Assesses Cybercrime Assessment

The Article 29 Data Protection Working Party (Working Party) sent a letter to the Council of Europe discussing its first assessment of several cybercrime scenarios presented at the 2014 Cybercrime@Octopus conference...more

1/21/2015 - Article 29 Working Group Cyber Crimes Cybersecurity EU

European Commission and EU Art 29 dispel the myths on the ECJ's decision in Google Spain

In May 2014, we reported on the implications of the landmark decision in Google Spain which recognises the right for individuals to have links about themselves de-listed from search results. In response to the complaints...more

1/21/2015 - EU European Commission European Court of Justice Google Right to Be Forgotten

EU Art. 29 Working Party Announces Cooperation Procedure for EU Model Clauses

The Article 29 Data Protection Working Party (Working Party) released a Working Document setting forth a co-operation procedure for issuing common opinions on “Contractual clauses” considered as compliant with the EC Model...more

1/21/2015 - Article 29 Working Group Data Protection Authority EU EU Data Protection Laws International Harmonization

Presidency of the Council of Ministers publishes amendments to 'one stop shop' of the draft EU Data Protection Regulation

In October 2013, we reported on the move towards a ‘One Stop Shop’ (OSS) approach to EU Data Protection. The OSS principle aims to create consistency for international organisations to process personal data in multiple...more

1/20/2015 - EU EU Council of Ministers EU Data Protection Laws

EU Commission Publishes Work Program for 2015

The European Commission’s work program for 2015 covers 10 actions for 2015, including a “connected digital single market” across the EU....more

1/20/2015 - Digital Communications EU European Commission

EU Art. 29 Confirms Cookie Rules Apply to Digital Fingerprinting

The Article 29 Data Protection Working Party (Working Party) released Opinion 9/2014 on ePrivacy Directive 2002/58/EC (amended in 2009), stating that the consent and transparency mechanisms apply to digital fingerprinting of...more

1/20/2015 - Cookies EU EU Directive

ISO develops the first privacy-specific cloud standard

Earlier in 2014, the International Standards Organisation (ISO) developed a new voluntary standard, ISO 27018 (Standard), establishing commonly accepted control objectives and guidelines to protect personal information for a...more

1/6/2015 - Cloud Computing Data Protection EU Privacy Policy

Microsoft loses third round of battle against extra-territorial warrants

On 31 July, the chief judge of the Southern District of New York delivered the latest in a series of controversial judgments stemming from a test case brought by Microsoft in an extra-territorial warrant issued under the U.S....more

8/11/2014 - Appeals Apple AT&T Cisco Data Centers EEA Email EU Extraterritoriality Rules Microsoft Order to Stay Stored Communications Act Verizon Warrants

Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon (3rd Edition)

In this edition: - Introduction - Advertising & Marketing - Brand Protection & Reputational Management - Copyright (EU) - Copyright (U.S.) - Data Privacy & Security -...more

4/24/2014 - Copyright Cybersecurity Data Protection EU FDA Social Media Trademarks UK

Business Across Borders - Leaving the nest: an overview of companies’ international ventures

With global forecasts for trade growth remaining well below the average of the past 20 years, the last article in our Business Across Borders series, written by the Economist Intelligence Unit, and launched today, examines...more

10/17/2013 - Brazil China Cross-Border Cross-Border Transactions Emerging Markets EU Exports Manufacturers Mexico Wages

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