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Doing Business in Canada - Privacy

Canada has enacted generally applicable privacy laws that govern most private sector activities. Each province and the federal government also have privacy and freedom of information legislation that governs government...more

Article 29 Working Party Defends BCR-P to European Institutions

On 12 June 2014, in a letter from the Article 29 Data Protection Working Party to the President of the European Parliament, the Working Party has defended, and urged the EU institutions to discuss, Binding Corporate Rules for...more

EU Data Protection Regulation: Update

There has been a debate as to whether the new Regulation is actually going to happen. The clear view from the European Commission and the European Data Protection Supervisor is that the Regulation will happen and the European...more

Tips For Navigating U.S. and International Data Breaches

Navigating today’s complex legal and regulatory framework surrounding data breaches can be a daunting process for even the most sophisticated organization. In the United States, there is not currently a national uniform data...more

Cybersecurity: Having a Privacy Policy is Not Enough

With the rash of significant data security incidents that occurred in 2013 and have continued to this day, it is increasingly important for companies to have an updated cybersecurity preparedness plan. The World Economic...more

Privacy Tuesday - July 2014

There are quite a few privacy-related things taking effect July 1. Some reminders: Florida Amendments to Data Breach Notification Law - The Florida Information Protection Act of 2014 (“FIPA”) takes effect...more

Google Glass into Europe - A Small Step or a Giant Leap?

Google Glass (“Glass”) is the most high profile of the new wearable technologies that commentators predict will transform how we live and work. Until now, the Android-powered glasses were only available in the U.S....more

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

Canada Targets Commercial Email; Crackdown Perilous to US Companies

After years of enduring a reputation as a haven for spammers, Canada has enacted one of the toughest anti-spam laws in the world. Canada’s Anti-Spam Law (“CASL”), which goes into effect on July 1, 2014, strictly regulates...more

UK Cyber Security Guidelines

The UK Government has issued details of its Cyber Essentials Scheme to assist organisations with their cyber security measures. The scheme allows organisations to apply for one of two levels of cyber security “Badge”...more

The Transitional Period & Implied Consent Under CASL

If the term “CASL compliance” is giving you a nervous twitch, you’re not alone. Many small and medium-sized businesses in Canada are scrambling to prepare for Canada’s Anti-Spam Law (CASL), whose official title says it all -...more

Impact of EU Citizens’ “Right to Be Forgotten” on U.S. Companies

The European Court of Justice (“ECJ”) recently held that Google must, under certain circumstances, provide European Union (“EU”) citizens with the right to remove information about themselves, including the list of results...more

Entwurf zur europäischen Datenschutz-Grundverordnung: Inhalt und Auswirkungen auf das BDSG

Am 12. März 2014 hat das EU-Parlament dem aktuellen Entwurf zur geplanten europäischen Datenschutz-Grundverordnung (DSGVO) zugestimmt. Unterbreitet wurde der Entscheidungsvorschlag durch den Ausschuss für bürgerliche...more

EU Data Protection – Draft Ad hoc contractual clauses "EU data processor to non-EU sub-processor"

On March 21st, 2014, the EU Article 29 Working Party[1] (the "Working Party") issued the "Working document 01/2014 on Draft Ad hoc contractual clauses 'EU data processor to non-EU sub-processor'"[2] (the "Draft Contractual...more

Evolving Data Protection Regimes in the Asia-Pacific Arena and Their Impact on Litigation: Part II – Country-Specific Policies

Part I of this article addressed basic concepts of data privacy as set out in the policies of numerous regional and multilateral organizations, including the Organisation for Economic Co-operation and Development (“OECD”),...more

Cyber-Security Corporate Governance: Three Essential Steps To Form A Cyber-Security SWAT Team

Last year, Canadian Lawyer InHouse Magazine posed the question, "Should in-house counsel be asking more questions about the strength of their company's cyber systems…" and they cited the Association of Corporate Counsel 2012...more

Cyber Risks And The Impact On Company Directors

A series of high profile data breach incidents have brought into spotlight the increasing regularity and number of incidents, the significant costs associated with such incidents and the potential exposure of Boards of...more

Europe Under Review: Part 4 Of 8 – Data Retention

As the next in our series of “back to privacy basics”, we look at the rules regarding the retention of personal data. As we will do throughout this series, we take a look at the current position and what is best...more

The latest thinking from Europe (while we are waiting for the Regulation)

(LONDON) Privacy practitioners from the US and Europe gathered in London on April 30 and May 1 to discuss current thinking about privacy policy, regulation and compliance at the IAPP’s European Data Protection Intensive...more

Privacy Laws in Africa and the Middle East

Once considered a privacy free-for-all, Africa and the Middle East have radically transformed their privacy regimes over the past few years. A critical mass of 17 countries in the region now have comprehensive privacy laws...more

The Highest Court in the European Union Strikes Down the Data Retention Directive as Invalid

In a significant move, the Court of Justice of the European Union (CJEU) has ruled that the Data Retention Directive 2006/24/EC (Directive) is invalid. This decision is expected to have wide-reaching implications for privacy...more

Privacy in Latin America and the Caribbean

With the enactment or implementation of several new data privacy laws in the past couple of years, the privacy landscape in Latin America and the Caribbean continues to change dramatically. Twelve countries in the region now...more

New Draft Processor to Sub-processor Model Clauses (Art. 29 Working Party)

(LONDON) The Art. 29 Working Party, a key advisory body to the EU Commission, recently proposed draft model clauses to cover the transfer of personal data from EEA data processors to non-EEA sub-processors....more

Europe Under Review: Part 1 Of 8 – Registration

Over the next few weeks we will be going back to data privacy basics in our eight part “Europe under Review” blog series. We will be comparing current data privacy laws and best practice in the UK with the proposed new state...more

New Regulatory Measures for Internet Transactions in China

On Jan. 26, 2014, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Regulatory Measures for Internet Transactions (the “New Measures”). The New Measures, which took effect on March 15, 2014,...more

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