Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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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

The Article 29 Working Party releases statement on Safe Harbor

Background On 16 October, the Article 29 Working Party released a statement (“Statement”) on the implications of the Court of Justice of the European Union’s (“CJEU”) judgment in Maximillian Schrems v Data Protection...more

10/20/2015 - Article 29 Working Group Binding Corporate Rules CNIL Data Privacy Data Protection Authority Data Security Enforcement Actions EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Personal Data Sanctions SCC Schrems v Data Protection Commissioner Surveillance US-EU Safe Harbor Framework

Another day…another set-back for Europe’s plans for a single market

Plans for a single market have been delivered yet another blow, this time as a result of an ECJ preliminary ruling against a relatively unknown Slovakian company. The court ruled in Weltimmo SRO v. Nemzeti Adatvedelmi es...more

10/17/2015 - Data Privacy Data Protection Authority Data Security Digital Single Market EU EU Data Protection Laws European Court of Justice (ECJ)

The Safe Harbor Ruling – FAQs and What Your Business Should Do Now

Overview questions - 1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which...more

10/15/2015 - Binding Corporate Rules Cloud Computing CNIL Data Collection Data Controller Data Privacy Data Protection Authority Data Security EU EU Data Protection Laws European Commission European Court of Justice (ECJ) ICO Informed Consent International Data Transfers Personal Data SCC Supply Chain UK US-EU Safe Harbor Framework

Re-use of Public Sector Information Regulations 2015 finally in force

On 18 July 2015, the Re-use of Public Sector Information Regulations 2015 (SI 2015/1415) (‘the New Regulations’) came into force, replacing the 2005 Regulations of the same name (SI 2005/1515)....more

10/9/2015 - Data-Sharing Databases EU FOIA Information Requests New Regulations Public Information Public Sector Raw Data Metrics Transparency UK

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 (ECJ) 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 (ECJ) International Data Transfers Judicial Redress Act 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 Confidential Information Cybersecurity Data Controller Data Privacy Data Protection Data Retention Data Security Electronic Communications EU European Commission Financial Institutions MiFID Personal Data Personally Identifiable Information Proportionality Proposed Regulation

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