Cynthia O'Donoghue

Cynthia O'Donoghue

Reed Smith

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ICO Responds to the ePrivacy Directive Consultation

In April, we reported that the European Commission had opened a public consultation seeking the views of various stakeholders on the current wording of, and possible changes to, the Privacy and Electronic Communications...more

8/15/2016 - Confidential Information Data Breach ePrivacy Directive EU EU Data Protection Laws European Commission General Data Protection Regulation (GDPR) ICO Opt-In UK

CJEU Attorney General Opinion Seeks to Restrict the Interpretation of ‘Establishment’

In June, the Attorney General (“AG”) of the Court of Justice of the European Union (“CJEU”) issued his opinion (English translation pending) in the case of Verein für Konsumenteninformation v Amazon EU Sàrl (Case C-191/15)....more

7/15/2016 - Amazon CJEU Data Controller Data Processors EU EU Data Protection Laws Member State Personal Data Principle Place of Business

Draft Privacy Guidelines for Mobile Health App Developers Published

Mobile health or ‘mHealth’ applications commonly raise complex privacy issues as a result of processing large amounts of sensitive personal data. Following the publication of its Green Paper on the topic in 2014, the European...more

7/6/2016 - App Developers Draft Guidance EU EU Data Protection Laws European Commission General Data Protection Regulation (GDPR) Mobile Health Apps Personal Data

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

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

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

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

Update on the UK’s Information Commissioner, IP Addresses and Russia’s ‘Right to be Forgotten’ Laws

With the Privacy Shield, the Umbrella Agreement and the GDPR capturing significant attention, it would be easy to overlook some of the other important developments that have taken place in the data protection sphere. We have...more

3/26/2016 - Data Localisation Law Data Protection EU Data Protection Laws European Court of Justice (ECJ) Germany Google ICO Internet Service Providers (ISPs) Personal Data Right to Be Forgotten Russia UK

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

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

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

If Safe Harbor is dead in the water, what does that mean for you?

The invalidation of the EU-U.S. Safe Harbor framework in October 2015 has created uncertainty for businesses that were reliant on the regime to transfer data to the United States, and has caused political shockwaves on both...more

1/25/2016 - Article 29 Working Party (WP29) EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers Judicial Redress Act Popular Schrems v Data Protection Commissioner Standard Contractual Clauses US-EU Safe Harbor Framework

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

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)

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

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

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

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

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