Communications & Media Privacy International Trade

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Phishing as a Service

A recent report from Imperva, Inc. has identified a Phishing as a Service (PhaaS) being offered on a Russian website. The United States Computer Emergency Readiness Team defines phishing as “an attempt by an individual or...more

Investigatory Powers Act Becomes UK Law

The new law gives UK intelligence and law enforcement bodies sweeping surveillance powers. The IPA was introduced in response to recommendations that David Anderson QC made, in his capacity as the Independent Reviewer of...more

Prepare for Compliance with General Data Protection Regulation Checklist

The Irish Data Protection Commissioner (DPC) has issued a 12-step checklist of actions companies can take now to better prepare for compliance with the General Data Protection Regulation (GDPR), the new EU privacy regulation...more

Decision to Block LinkedIn in Russia Demonstrates Russian Government’s Commitment to Enforce New “Localization” Requirements for...

- Recent amendments to Russia’s data processing rules require that databases used to process personal information of Russian citizens be located in the Russian Federation, even if the data is maintained by foreign...more

Your Daily Dose of Financial News

So, it turns out that all of the Brexit-style market freefalling was reserved for overnight trading. US markets actually closed up yesterday after modest opening losses....more

EU Court Rules that Dynamic IP Addresses are Personal Data…Sometimes

On October 19, the Court of Justice of the European Union (CJEU) ruled that dynamic IP addresses may qualify as “personal data” under EU privacy law. As we covered here on the blog a few months ago, this decision is...more

10 German Data Privacy Supervisory Authorities Investigating Potential Unlawful International Data Transfers

According to a press release of the Data Protection Supervisory Authority in the Land Mecklenburg Vorpommern of November 3, German supervisory authorities have randomly selected 500 companies in Germany and sent them requests...more

Germany to audit 500 companies on data transfers

The German data protection authorities have announced today that they have chosen 500 companies throughout Germany to audit their transfer of personal data to the US and other countries (eg. India). The targets were chosen...more

Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against...

On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial practices. The first investigation by the Authority alleges that WhatsApp...more

ECJ Confirms Dynamic IP Address May Constitute Personal Data But Can Be Logged to Combat Cyberattacks

On 19 October 2016, the European Court of Justice (ECJ) held (Case C-582/14 – Breyer v Federal Republic of Germany) that dynamic IP addresses may constitute personal data. The ECJ also held that a website operator may collect...more

UK ICO recommends personal liability of directors for breaches of data protection law

At a recent Parliamentary meeting to discuss the draft Digital Economy Bill, the UK Information Commissioner recommended imposing personal liability and accountability upon company directors. If such liability is imposed, it...more

A New Chapter in the Cybersecurity? Is there a Role for Active Deterrence?

In the 1969 film Butch Cassidy and the Sundance Kid, after Butch and Sundance rob Union Pacific Railroad (“Union Pacific”) the first time, Union Pacific employs a stronger safe. After Butch and Sundance rob Union Pacific a...more

European Court Of Justice Rules That Dynamic IP Addresses Can Be Personal Data

In a ruling with significant potential impact, the Court of Justice of the European Union (CJEU) has ruled that a dynamic internet protocol (IP) address may constitute "personal data" under EU Data Protection Directive...more

EU Top Court Rules IP Addresses Maybe Protected Personal Data

In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more

US Officially Blames Russia For DNC Hack

The United States (US) Department of Homeland Security (DHS) and Office of the Director of National Intelligence (ODNI) issued a joint statement on Friday, October 7, 2016, publicly stating for the first time that the US...more

Data Privacy in the UK Post Brexit

Following this summer’s vote to leave the European Union, the wider implications of Britain’s decision to break from the EU continue to be felt as governments, businesses, and private citizens look to forthcoming...more

Does Brexit mean Brexit for data protection in the UK?

Three months on from the landmark Brexit vote 23 June, the Information Commissioner’s Office is setting out its position regarding data protection laws in a post-Brexit UK. Elizabeth Denham, the new Information Commissioner,...more

’Privacy Shield’ Replacing Invalidated EU-US Safe Harbor Agreement is Open for Business, but Challenges to its Validity are...

The Safe Harbor agreement between the European Union and the United States permitted American businesses to import personal data of EU citizens based on self-certification of compliance with EU data protection principles....more

The Early Days of the EU-U.S. Privacy Shield: Should Your Organization Self-Certify?

On August 1, 2016, the U.S. Department of Commerce began accepting self-certification applications for the new EU-U.S. Privacy Shield Framework. In the month that has followed over 100 companies (including Microsoft, Oracle...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Second Circuit Eases Tension Between U.S. Discovery Requirements and EU Privacy Laws

Microsoft scored an important victory when the Second Circuit ruled that the government is not authorized to issue warrants for customer data stored overseas. In re Warrant to Search a Certain E-mail Account Controlled &...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – August 2016

General Data Protection Regulation (GDPR) Published, Commencing Two-Year Countdown to Application. One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR...more

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