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Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...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

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...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

A day at the races - the e-commerce sector inquiry, a conference report

On Thursday, 6 October, the European Commission presented its preliminary findings of the e-commerce sector inquiry (Preliminary Report) to a large audience of interested stakeholders, followed by debates on the three main...more

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,...more

“E-Commerce must live up to its promise…”

These are the words of Europe’s chief antitrust enforcer, Margrethe Vestager, introducing the Commission’s public hearing on October 6, 2016, on its preliminary findings of the e-commerce sector inquiry. The promise of...more

UK Financial Conduct Authority Fines Aviva for Client Asset and Money Failings

The Financial Conduct Authority published the final notice issued to Aviva Pension Trustees UK Limited and Aviva Wrap UK Limited, fining the firms £8,246,800 for failing to have adequate controls and oversight arrangements to...more

Two New TTB Rulings Issued on General Use Formulas

On September 29, the Alcohol & Tobacco Tax & Trade Bureau (TTB) issued two new Rulings announcing the creation “general use formulas” for certain distilled spirits and agricultural wines. These general use formulas permit the...more

UK ICO issues largest ever fine for a data breach

The UK Information Commissioner's Office (the "ICO") has issued a record fine of £400,000 to a UK telecoms company, in connection with a data breach that took place in October 2015. The fine, and the related adverse...more

Resource for Doing Business in the U.S. – Installment #8 – Consumer Protection

Almost everyone approaching the U.S. consumer market has heard nightmares about lawsuits and read damaging headlines from consumer claims. These range from industry wide antitrust investigations to criminal indictments for...more

SEC Cracks Down on Charitable Contributions under the FCPA - Best Practices In Light of Recent SEC Enforcement

For the first time, the Securities and Exchange Commission has brought an FCPA enforcement action premised entirely on a one-time charitable contribution. On September 20, 2016, the SEC announced a settled FCPA...more

UK Payment Systems Regulator Designates BACS Current Account Switching Service as an Alternative Arrangement

The UK Payment Systems Regulator published a decision designating the Current Account Switch Service operated by BACS Payment Schemes Limited as an alternative arrangement under the Payment Accounts Regulations 2015...more

First Privacy Shield Guidelines for Companies published by German DPA

On September 12, 2016, the Data Protection Authority of the German Federal State of North Rhine-Westphalia (“DPA NRW”) became one of the first EU data protection authorities to issue guidance on the implementation of the...more

International Comity and Deference: A Foreign Government with Final Say When Interpreting its Own Laws

On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior. At issue was how a federal court should respond...more

Financial Services Report, Fall 2016

Editor’s Note - So much for summer! The weather is cooling, the kids are back to school, and we better not see you wearing white so long after Labor Day! For those of you having a little trouble getting back in the...more

Buying and selling online: the EU's new findings on e-commerce

On 15 September 2016, after more than a year of information-gathering and analysis, the European Commission published a voluminous report (291 pages) of preliminary findings from its large-scale e-commerce inquiry (the...more

European Commission Challenges Public Price Announcements by Shipping Liner Companies

On 7 July 2016, the European Commission adopted a decision accepting commitments by 14 shipping liner companies to change their practices concerning announcements of intended price increases for containerised shipping...more

Regulator Issues Report On Russia’s Data Localization Rules

On September 1, 2016, Russia’s Federal Service for Supervision in the Sphere of Connection, Informational Technologies and Mass Communications (“Roskomnadzor”) issued a report summarizing the results of implementation and...more

Bavarian Data Protection Authority issues new guidance paper on sanctions under the General Data Protection Regulation

On 1 September 2016, the Bavarian Data Protection Authority (“DPA”) issued a new guidance paper on sanctions under the new EU General Data Protection Regulation (“GDPR”) in the course of a series of non-binding guidance...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

[Event] Transatlantic data: What U.S. companies need to know about the GDPR and EU data privacy laws - September 29th, Chicago,...

The clock is ticking for the international business community to ensure compliance with the European General Data Protection Regulation, which was adopted this year and comes into full effect in May 2018....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

Which U.S. Businesses Must Comply with EU Data Protection Laws?

What the recent Amazon decision tells us - On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more

The Effect of Brexit on Cyber Security: A National Response to an International Threat?

As the risk of cyber attacks respects no borders, a cohesive and harmonised EU-level approach to cyber security is appropriate. It is therefore understandable that UK organisations have questions following the recent...more

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