Consumer Protection Science, Computers & Technology

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Europe Counts Down to the General Data Protection Regulation

Businesses have two years to comply with Europe’s new privacy regime. On 24 May 2016, after more than four years of debate, the General Data Protection Regulation (GDPR, or the Regulation) enters into force. The GDPR...more

Employment Law Reporter - May 2016

The Age of The Data Breach : The Top 5 Best Practices - What will you do? We live in The Information Age. Increasingly, business success depends on the ability to obtain, maintain and intelligently utilize increasing...more

How to Draft an Effective Data Breach Incident Response Plan

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare. Furthermore, many organizations are required to maintain one....more

Recommendations for Evaluating Your Organization’s Use of Social Media

The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

German Court orders WhatsApp to provide consumers in Germany with T&Cs in German language

In a press release dated 17 May 2016, the Federation of German Consumer Organizations (Verbraucherzentrale Bundesverband – vzbv) announced that on 8 April 2016, the Court of Appeal Berlin (Kammergericht Berlin; “Court”)...more

Will Spokeo Impact Standing In Data Breach Cases?

Despite months of anticipation, the majority opinion in Spokeo, Inc. v. Robins reads more like a teacher (the Supreme Court) telling a student (the Ninth Circuit) to go back and show the work behind a long division answer...more

The Network and Information Security Directive: Serious Cyber Attacks Will Require Notification

The Council of the European Union adopted the EU Network and Information Security (NIS) Directive (the ‘Directive’) 17 May, ready for final adoption by the European Parliament. The Directive, initially proposed in 2013, has...more

The Future Of CFPB Small Business Lending Regulation

In this article we highlight the role played by the Consumer Financial Protection Bureau in regulating small business lending. Broadly speaking, the bureau’s jurisdiction is limited to the marketplace for consumer financial...more

Fintech and Striking a Balance Between Innovation and Consumer Protection

A topic of discussion at eMerge this year was the disruptive effect that Fintech is having within the financial sector. Fintech, which refers to the use of new technologies in the financial services industry to improve...more

FDA Issues Interim Response to UAW’s Citizen Petition on Biosimilar Labeling

As we previously reported, UAW Retiree Medical Benefits Trust and affiliated funds filed a Citizen Petition on November 2, 2015 asking FDA to adopt a “same labeling” approach for biosimilar labeling. On May 19, 2016, FDA...more

FCC Proposes Formal Privacy Regulations for Broadband ISPs

On March 31, 2016, a 3-2 majority of the U.S. Federal Communications Commission ("FCC") approved a Notice of Proposed Rulemaking ("NPRM") to establish a set of regulations governing the data collection, use, and sharing...more

Advocate General’s opinion states that IP addresses are Personal Data

On 12 May, the Advocate General’s (AG) opinion in Case C-582/14 Patrick Breyer v Germany was released, stating that dynamic IP addresses should be considered personal data for the purposes of EU data protection law. Although...more

OCC to hold forum on financial innovation

In his April 2016 appearance before the Senate Banking Committee, Director Cordray made clear that FinTech companies are on the CFPB’s radar screen. In particular, he indicated that while FinTech companies should not have an...more

Treasury Department Weighs in on Online Marketplace Lending

On May 10, 2016, the U.S. Treasury Department released a white paper entitled, “Opportunities and Challenges in Online Marketplace Lending.” The white paper is the result of a request for information that elicited more than...more

Supreme Court Rejects Standing Argument in Spokeo, Inc. v. Robins

On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a “bare procedural violation” advanced by the plaintiff in Spokeo, Inc. v. Robins. The Court reaffirmed that the injury-in-fact...more

The Supreme Court - May 2016 #2

The Supreme Court of the United States issued decisions in six cases today: Spokeo, Inc. v. Robins, No. 13-1339: The Fair Credit Reporting Act of 1970 (“FCRA”) imposes a number of requirements regarding the creation and...more

Galloway v Frazer & Others – A glimpse to the future of data protection litigation

On 27 January, the High Court of Northern Ireland granted British MP George Galloway leave to serve proceedings on Google Inc. out of the jurisdiction. The application was based on a variety of claims including libel,...more

Supreme Court Clarifies Injury-In-Fact Standing Requirement in Spokeo, Dealing Impediment to “Gotcha” Statutory Lawsuits

Article III of the U.S. Constitution limits federal courts’ jurisdiction to actual cases and controversies only. When a plaintiff seeks to sue in federal court despite having suffered no actual injury, the Constitution’s...more

How to Evaluate a Credit Monitoring Service

Organizations are not, generally, required to offer services to consumers whose information was involved in a breach. Nonetheless, many organizations choose to offer credit reports (i.e., a list of the open credit accounts...more

The European Cloud Initiative: Will Data Protection Requirements Cause Stormy Weather?

The European Commission (EC) recently proposed the European Cloud Initiative (ECI): a plan to create a world-class data infrastructure to store, manage, transport and process data at high speeds. The primary aims are to...more

The Supreme Court’s Spokeo Decision and its Potential Impact on Privacy and Data Security Class Actions

On May 16, 2016, the Supreme Court decided Spokeo, Inc. v. Robins, ruling that a plaintiff must sufficiently allege an injury that is both concrete and particularized in order to have Article III standing, and further that a...more

Seventh Circuit Sets Relatively Low Threshold to Establish Standing in Data Breach Class Actions

With the proliferation of storage of personal data and the increase in hacking efforts and phishing scams, Wisconsin courts are likely to see more data breach class actions on the horizon. Wisconsin businesses handling...more

PCI Council Reacts Again to Data Security Threats

Responding to the increasingly significant threats to customer payment information, the Payment Card Industry Security Standards Council (‘PCI SSC’) has published an update to its data security standard (‘PCI DSS’). Version...more

European Commission Publishes Proposal for Signing the EU-U.S. Umbrella Agreement

The EU-U.S. data protection Umbrella Agreement consists of a framework of principles and safeguards for trans-Atlantic transfers of personal data (such as criminal records, names and addresses) in relation to the prevention,...more

CA Court Plays “Tag” – Judge Refuses to Drop Facebook Photo-Tagging Privacy Case

Earlier this month, a judge from the Northern District of California allowed a putative class action suit to proceed against Facebook. In this case, the plaintiffs alleged Facebook collected and stored biometric data of...more

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