Administrative Agency International Trade Privacy

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Cybersecurity: Litigation, Crime & Enforcement

On December 19, 2013, Target publicly announced it had experienced a data security breach via malware installed on its point-of-sale network. Forty million customer credit and debit card numbers, encrypted PINs, and CVV codes...more

Europe: National data protection authorities should be independent

Following a series of previous judgments, the Court of Justice of the European Union (CJEU) confirmed in the case of the Commission v Hungary (case C-288/12) the independence of national data protection authorities in the...more

EU Data Protection Reform – Interview with Susan Foster, Member, Mintz Levin [Video]

Attorney and Solicitor Susan Foster, Member of Mintz Levin's Corporate & Securities Practice, discusses the proposed changes to the EU’s data protection and privacy rules. ...more

EU Proposed Directive on Network and Information Security

On 7 February, the European Commission (EC) published an EU Cyber Security Strategy encompassing a proposed Directive on Network and Information Security (NIS Directive). The aim of the Strategy and NIS Directive is to...more

Privacy in Latin America

Originally published in Privacy & Security Law Report on January 7, 2013. The privacy landscape in Latin America is undergoing significant changes. With the enactment or implementation of laws in Colombia, Costa Rica,...more

5 Best Practices for Employers Addressing Social Media Use in the Workplace

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more

New Draft Regulations Soften Impact of CASL, but Concerns about Jobs and Compliance Costs Remain

Revised draft regulations under Canada’s anti-spam legislation (CASL) have been issued by Industry Canada. While the draft regulations provide some relief to businesses, Industry Canada has elected not to address concerns...more

European Data Protection Supervisor Weighs in on the Cloud Debate by Issuing an Opinion

It has been reported that Google will give EU businesses the opportunity to store personal data exclusively on servers in the EU. This appears to have been prompted by compliance difficulties with the current EU data...more

Cloud Computing in the EU: ICO Releases Guidance on Personal Data and Cloud Computing

The United Kingdom's Information Commissioner's Office (ICO) recently issued Guidance on Personal Data and Cloud Computing, offering best practices for companies that are using - or contemplating using - cloud computing...more

The UK Information Commissioner’s Office Seeks Views on Privacy Seals

The European Commission’s revised data protection framework proposals include provisions intended to encourage the use of data protection privacy seals, certification mechanisms and trust marks. These provisions would allow...more

Data Anonymization: UK Code and a New “Anonymisation Network”

On November 20, 2012, the UK’s Information Commissioner’s Office (ICO) issued the Code of Practice on data anonymization, entitled “Anonymisation: managing data protection risk.” I discussed the draft Code and consultation in...more

From Brussels: The New EU Data Protection Regulation — Will they or won’t they? And if so, when?

Sometimes the most interesting things that emerge from conferences are whispered across the aisle just after a presentation or debated by attendees off-site over a glass or two of wine....more

App Law: Regulators Crack Down

Canadian app developers must take care to avoid sanction from regulators both in Canada and in other countries - particularly in the U.S. - when launching apps....more

A "Perfect Storm" of Data Law Changes; Are You Ready for a 2% of Global Turnover Fine?

Recent months and the EU January announcement have seen very major data protection law changes that affect not just UK or EU companies but any companies (particularly US) which are deemed to be caught by “processing” EU...more

Tagging You: Guidelines for Facial Recognition in Canada and the United States

In October, the U.S. Federal Trade Commission (FTC) issued a Staff Report, entitled “Facing Facts: Best Practices for Common Uses of Facial Recognition Technologies”. Organizations operating in Canada and the U.S. should...more

No “Do Overs”: Children, Personal Information and Marketing in Canada

Few dispute that the law should protect the privacy of children. In a recent decision of the Supreme Court of Canada, the court held that the “[r]ecognition of the inherent vulnerability of children has consistent and deep...more

New IRS reporting rules raise privacy concerns

Originally published in the Daily Business Review on October 16, 2012. New IRS regulations that require banks to report non-U.S. taxpayers' bank deposit interest, which could then be shared with their home countries,...more

French Clouds: Where Does Cloud Computing Stand In France?

Concurrent with the European Commission’s recent release of a new strategy to “unleash the potential of cloud computing in Europe,” the French Data Protection Agency (CNIL) issued 7 recommendations to assist companies to...more

Defending the Homefront: A Cybersecurity Executive Order

The simultaneous denial of service attacks on the three largest U.S. banks which occurred two weeks ago were reported to have originated in Iran. After years of stealth cyber attacks on American interests, U.S. intelligence...more

The new European Cloud Partnership and UK ICO Guidance on Personal Data and Cloud Computing

EC Cloud Partnership - The European Commission recently announced a €10 million campaign aimed at establishing standards and voluntary certification programs to make cloud computing services better aligned with...more

Binding Corporate Rules for Data Processors

A recent opinion by a learned group within the EU Commission, the Article 29 Working Party, has provided for Binding Corporate Rules for data processors, a method to transfer data legally out of Europe which may provide a...more

One year of Data Protection Enforcement in France: what the CNIL's Activity Report Reveals

The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011. It provides us with some interesting data and allows us to reflect on the ever-growing importance of privacy and data protection...more

United States Joins the APEC Cross Border Privacy Rules System

On June 26, 2012 the U.S. Department of Commerce announced the United States' participation in the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules ("CBPR") System. The United States is the first non-Asian...more

UK Information Commissioner's Office issues Guidance on the Deletion of Personal Data under the Data Protection Act 1998

On 16 August 2012, the ICO published guidance on deleting personal data under the Data Protection Act 1998 (DPA). The guidance describes how organisations can ensure compliance with the DPA when they delete or archive...more

Keeping an eye on Canada’s tough anti-spam law

North American marketers take note: Canada is set to finalize one of the toughest anti-spam laws in the world. Canada had fallen behind when it came to introducing anti-spam legislation, but it is now making up for lost...more

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