Communications & Media International Trade Privacy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Negotiators Reach Agreement on Replacement EU-U.S. Safe Harbor

After nearly four months of diplomatic discussions, negotiators reached agreement on February 2, on how the U.S. and the European Union share data across the Atlantic. The new agreement, called the EU-U.S. Privacy Shield,...more

Safe Harbor 2.0 is Coming (this week) - US companies will need to take action to comply with any new agreement

As we explained in detail in our Explanatory note of October 6 2015, and the webinar that followed held on October 9, the Schrems decision of the Court of Justice of the EU (CJEU) invalidated the US Safe Harbor program, and...more

In Case You Missed It: Launch Links - Week of January 24, 2016

Some interesting links we found across the web this week: - Last-minute change to privacy bill adds tension to US-EU negotiations - Privacy law is easy for companies to overlook until a problem arises, and even more so...more

International Employment Law Update: Private Emails on Professional Tools are no Longer Private

In a landmark decision on January 12, 2016, the CEDH (European Court of Human Rights), ruled that employers have the right to read their employees private emails sent during working hours, on condition that this surveillance...more

Encryption: The Battle Between Privacy and Counterterrorism

For privacy advocates, it is universally accepted that encryption is a very good thing. After all, encrypted data is deemed a safe harbor under HIPAA and state breach-notification laws, providing an “out” from potential fines...more

Examining the Judicial Redress Act

The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0? framework. (See our prior posts on Safe Harborhere and here.) This post summarizes the essential...more

Volkswagen refuses to share emails with the U.S. Investigators, citing privacy concerns

German auto manufacturer Volkswagen (VW) is reportedly using German privacy laws to resist turning over its top executives’ internal corporate emails and other communication materials to United States attorneys general and...more

China Passes (De) Encryption Cyber Law

On December 27, 2015, the Standing Committee of the National People's Congress, China's national legislative body, passed the Counter-Terrorism Law of China, which entered into force on January 1, 2016. Although the law's...more

Highlights of Europe’s New Global Data Protection Law

After nearly four years of amendments and negotiations, the European Parliament, Council of the European Union and European Commission reached a political agreement on the proposed General Data Protection Regulation (GDPR) on...more

The EU General Data Protection Regulation

On December 15, 2015, European Union (“EU”) politicians and officials reached a political agreement on a new EU-wide legal framework to govern data sharing and collection and related consumer privacy rights. It is called the...more

Public-private team of security experts disrupt Dorkbot malware

This is how it should be—private companies working with law enforcement to disrupt evil doers on the Internet. Late last week, Microsoft announced that it teamed up with the Department of Homeland Security, Europol, the FBI,...more

Happy Holidays: VTech data breach affects over 11 million parents and children worldwide

The recent data breach of Hong Kong-based electronic toy manufacturer VTech Holdings Limited (“VTech” or the “Company”) is making headlines around the world for good reason: it exposed sensitive personal information of over...more

Intellectual Property & Technology News: US companies: EU data regulation means new oversight

The proposed EU General Data Protection Regulation will cover entities regardless of their physical presence or scope of operations within the EU even if all they do is sell products in the EU. This means that many US...more

Privacy & Cybersecurity Update - November 2015

Consumer Electronics Association Releases Best Practices For Privacy and Security of Personal Wellness Data - In late October 2015, the Consumer Electronics Association released guiding principles governing the...more

Facebook Sentenced to a Daily Fine of 250,000 Euros by a Belgian Court

Once again, Facebook is in the spotlight. On November 9, following the Recommendation 04/2015 of May 13, 2015, issued by the Belgian Data Protection Authority (Belgian DPA) that we mentioned in a previous blog post, a Belgian...more

Privacy & Cybersecurity Update - October 2015

In this edition of our Privacy & Cybersecurity Update, we discuss what companies need to know in the wake of the EU Court of Justice's rejection of the U.S.-EU Safe Harbor framework and take a look at the following important...more

Advertising Law - October 2015 #3

With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more

Interview: Amy Much - Director, Global Compliance, Under Armour

Protect This House - Amy Much discusses building a compliance program from the ground up at a fast moving, international organization....more

Any Port in a Storm? EU-US Data Transfers After Schrems and Safe Harbor

Last week, the Court of Justice of the European Union (CJEU) gave an important ruling which any business transferring personal data between the EU and the United States should know about — in particular those that make use of...more

Alert: Unsafe Harbor: Social Media

Last week Europe's highest court, the Court of Justice of the European Union, (CJEU) declared the Safe Harbor framework invalid. You can read more about the decision in our previous alerts here. Although it is unlikely that...more

New Ground-Breaking CJEU Decision On Applicable Data Protection Law

After the controversial Google vs. Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

Special Alert: Cross-Border Data Transfers Significantly Impacted by EU Court Decision Invalidating Adequacy of U.S.-EU Data...

On October 6, 2015, the Court of Justice of the European Union (CJEU) in Schrems v. Data Protection Commissioner (“Schrems”) declared “invalid” a decision of the European Commission that the United States-European Union Safe...more

US–EU Safe Harbor – Struck Down!

1. CJEU finds Safe Harbor Invalid - In a landmark ruling delivered today, Europe's highest court, the Court of Justice of the European Union (CJEU) declared that the EU Commission's US - EU Safe Harbour regime is...more

The New Russian Data Protection Law: Five Important Things To Know

Early in July 2014, the Russian Federal Act on Data Protection was amended to require that personal data of Russian citizens be first processed and stored on servers located within the territory of Russia. Initially, the...more

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