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New EU US Privacy Shield Announced as a Replacement for the EU US Safe Harbor Program

February 2nd the European Commission and the Department of Commerce announced that they have reached an agreement on a new framework to replace the EU US Safe Harbor Program. The European Court of Justice (ECJ) found the...more

Legal Developments in Connected Car Arena Provide Glimpse of Privacy and Data Security Regulation in Internet of Things

With the holiday season in the rear view, automobiles equipped with the newest technology connecting carmakers with their vehicles, vehicles with the world around them, and drivers with the consumer marketplace – Connected...more

Some Sanctions Relief for Iran, But Mostly Status Quo for the U.S. Auto Industry

On January 16, 2016, the International Atomic Energy Agency (IAEA) declared that Iran had implemented its commitments to ensure that its nuclear program will be limited to peaceful purposes. With that, the United States...more

Sanctions Round-Up: Fourth Quarter 2015 and “Implementation Day”

The International Atomic Energy Agency certifies that Iran had complied with all nuclear-related requirements of the Joint Comprehensive Plan of Action leading to the end of United States sanctions against the country...more

Implementation Day: Iran Sanctions Relief Officially Takes Effect - IAEA Verifies That Iran Fulfilled Nuclear-Related Obligations...

Jan. 16, 2016, marked a significant milestone ("Implementation Day") as the International Atomic Energy Agency (IAEA) verified that Iran had fulfilled its nuclear-related obligations under the landmark Joint Comprehensive...more

Happy New Year – Cybersecurity Information Sharing Act

Just at the end of 2015, the Cybersecurity Information Sharing Act (CISA) was enacted into law as part of the omnibus spending measure passed by Congress and signed by President Obama at right before Christmas. The...more

Federal Spotlight Continues to Shine on Physician-Owned Distributorships

A recent Senate Finance Committee hearing investigated the effects of physician-owned distributorships (“PODs”) on costs of care and patient safety, suggesting that the momentum for greater oversight of such business...more

California Passes Life and Annuity Electronic Transactions Law

On January 1, 2016, Section 38.6 of the California Insurance Code will take effect permitting consumers to conduct certain life, disability, and annuity transactions electronically. The new law attempts to meet California...more

Blog: Bipartisan Senate Bill Introduced To Require Public Companies To Increase Transparency Regarding Board Oversight Of...

Senators Jack Reed and Susan Collins have introduced the bipartisan Cybersecurity Disclosure Act of 2015, a bill to promote transparency in the oversight of cybersecurity risks at publicly traded companies. According to the...more

Congress Acts on Tax Extenders and Other Tax Breaks

Congress recently passed two significant pieces of tax legislation:  (1) the Protecting Americans from Tax Hikes (PATH) Act, which extended or made permanent various expired or expiring tax provisions, and (2) the...more

SEC Enforcement Director Tells House Judiciary Committee That Investigation Agencies Should Not Need Warrants to Access to Email...

On Tuesday, Andrew Ceresney, Director of the Securities and Exchange Commission’s Division of Enforcement, told the House Judiciary Committee that the Email Privacy Act (H.R. 699) and the Electronic Communications Privacy...more

Government Contracts Quarterly Update November 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting....more

Cybersecurity Legislation Clears Important Senate Hurdle

After months of debate, the Senate passed cybersecurity legislation that if signed into law would enhance the sharing of information between the private sector and the federal government and provide important liability...more

False Hope or a Possible Safe Harbor Reboot?

With EU-U.S. data transfer scheme Safe Harbor being found to be “invalid” recently by Europe’s top court, pressure has increased on U.S. and EU officials to put aside differences and see if an alternative 2.0 scheme could be...more

United States and European Union Reach Agreement in Principle for Continued Transatlantic Data Transfers Following Safe Harbor...

In the wake of the European Court of Justice’s (“CJEU”) landmark decision of Schrems v. Data Protection Authority earlier this month, the EU Justice Commissioner Vera Jourova announced this week that the EU has “agreed in...more

California Highway Patrol seeks to eliminate identity theft in vehicle purchases with proposed new thumbprint requirement

Every year, millions of dollars are lost by finance companies and dealerships due to fraud and identity theft related crimes. Even worse, due to the lack of accurate personal information on an identity theft suspect,...more

Cybersecurity and Data Privacy: Cybersecurity Information Sharing Act Passes Senate, Would Encourage Business to Share...

Sharing information about cyber threats and analysis is a cybersecurity best practice but can often come into conflict with a company’s protection of its own data and that of its customers. On October 27, 2015, the U.S....more

The Latest in the EU’s Post-Safe Harbor Era

In light of the EU’s destruction of the Safe Harbor that we’ve previously discussed in this blog, we take the opportunity to update with the latest from EU Commissioner, Vera Jourová, who, in an address to the EU Parliament’s...more

European Commission Pushes New Agreement with the US

On October 26, the European Commissioner Vera Jourová addressed the Parliament Committee on Civil Liberties, Justice and Home Affairs to discuss the consequences of the Schrems Judgment of the Court of Justice of the European...more

German Data Protection Authorities: Hope for Model Contracts?

An early Position Paper of the German data protection authority of Schleswig-Holstein on the Schrems Judgment of the Court of Justice of the European Union (ECJ) gave little hope for practical alternatives to Safe Harbor. On...more

Alert: US House Passes Judicial Redress Act to Facilitate Safe Harbor Negotiations

Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...more

European Parliamentarians React Positively to ECJ Invalidation of U.S. Safe Harbour

In the first public debate in the European Parliament to take place to date, Members of the European Parliament have expressed their support for the 6 October 2015 judgement of the European Court of Justice (ECJ) invalidating...more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

The ‘Safe Harbor’ Scheme Coming Under Challenge

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU...more

No More “Safe Harbor” for the EU-US Transfer of Personal Data - Is Your Online Business Endangered?

What Happened? The highest court in the European Union, the EU Court of Justice, has just invalidated the EU-U.S. Safe Harbor mechanism. Companies can no longer rely on Safe Harbor certification to justify data transfers of...more

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