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Battle of the Somme Week – Part III: Lessons from Brexit

There have been a plethora of new books about the Battle of the Somme. Daniel Todman reviewed several in an article for the Financial Times (FT), entitled “Stories of the Somme”. One of the books reviewed, Breakdown: The...more

Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy...

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more

German Data Protection Commissioner Fines US Companies for Unlawful Data Transfers

On June 6, 2016, the Data Protection Commissioner for Hamburg, Germany, announced fines against three US companies for unlawful transfers of employee and customer data from the EU to the US. This action by the Hamburg...more

EU: Privacy Shield on hold, model clauses under attack

In the latest (although not unexpected) blow to the Privacy Shield, the European Parliament has passed a resolution stating that the European Commission should renegotiate the Privacy Shield to seek improvements beyond the...more

Uncertainty Increases Around EU-U.S. Data Flows

Two recent developments have significantly increased the already uncertain legal landscape surrounding transatlantic data flows. Earlier today, the EU Parliament voted out a resolution calling on the European Commission (EU...more

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU...more

“Hacking” Warrants: A Question of Procedure or Substance?

Typically, the process for amending the Federal Rules of Criminal Procedure is a sleepy affair. Proposed amendments wend their way through a series of judicial committees and, if approved by the Supreme Court, take effect...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

Reworked EU-U.S. Privacy Shield Still Undergoing Growing Pains

When the European Union’s highest court issued its October 2015 ruling striking down the U.S.-EU Safe Harbor framework, shock waves rippled on both sides of the Atlantic. For thousands of U.S. companies handling the...more

Come Back With a Warrant: Proposed Rule Change Expands the Government’s Ability to Access Electronically Stored Information in...

On April 28, 2016 the United States Supreme Court proposed a modification to Federal Rule of Criminal Procedure 41 that significantly alters the manner in which the government can obtain search warrants to access computer...more

EU General Data Protection Regulation published - will you be ready by 5/25/2018?

Today, May 4, 2016, the General Data Protection Regulation (GDPR) was published in the Official Journal of the European Union. This means you now have until May 25, 2018 to ensure your data processing activities comply with...more

Turkish Parliament Enacts New Data Protection Law

In a step toward its accession to the EU, Turkey has enacted its first comprehensive Data Protection Law. The law was passed by the Turkish Parliament 24 March and published in the Official Gazette 7 April....more

An Overview of Turkey’s New Data Protection Law

After a decade of winding its way through the legislative process, Turkey’s new Data Protection Law entered into force on April 7. Although Turkey previously had a few sectoral data protection laws on the books, this is the...more

New EU Data Protection Regulation Is Now Enacted

On April 14, 2016, the European Parliament formally adopted the General Data Protection Regulation (GDPR). With this vote, the new EU data protection legal framework will become legally effective in two years and 20 days from...more

Privacy Shield Takes a Hit, While GDPR Gets A Boost

The past week has seen a number of key developments in the EU data protection regime – but it has not all been smooth sailing. First, the good news – on 8 April, the European Council formally adopted its position on the...more

Art. 29 Working Party Announces it Will Not Support Privacy Shield at Press Conference

On April 13, 2016, the Article 29 Working Party (“Art. 29 WP”) held a press conference at which it presented its forthcoming opinion on the adequacy of the US-EU Privacy Shield....more

EU Data Protection Authorities: Privacy Shield needs more work

European Data Protection Authorities have announced that, in their view, further work is required to ensure the proposed EU-US Privacy Shield provides sufficient protection to European data transferred to the United...more

Article 29 Working Party Calls for Improvements to the EU-U.S. Privacy Shield

On April 13, 2016, the body of European Data Protection Authorities (DPAs)—the "Article 29 Working Party" (WP29)—issued its opinion on the new EU-U.S. Privacy Shield.1 The WP29 acknowledged that progress has been made with...more

Key EU Advisory Body Declines to Support Privacy Shield

UPDATE: The Article 29 Working Party has released surprisingly brief comments on Privacy Shield. Consistent with the press briefing held on April 13, 2016, WP29 has concluded that Privacy Shield falls short without providing...more

Final text of the General Data Protection Regulation finally available

On 6 April 2016 the Council of the European Union has finally published what will most likely be the final text of the General Data Protection Regulation (GDPR), now translated in all the official languages of the EU....more

Cuba: A Playing Field for Trademark Pirates

Now that President Obama has lifted trade restrictions, American businesses are considering whether to expand their operations to Cuba. For some corporations, it makes immediate sense. For others, it may not. But regardless...more

Obama Renews Cyber Sanctions Power

On April 1st of last year, President Obama, by Executive Order 13694, declared a national emergency pursuant to the International Emergency Economic Powers Act to “deal with the unusual and extraordinary threat to the...more

Privacy Alert: The Privacy Shield, As It Stands Today

Following the invalidation of the US-EU Safe Harbor by the Court of Justice of the European Union in October last year (see From a Safe Harbor to a Privacy Shield), the U.S. Department of Commerce and the EU Commission have...more

Energy & Environment Update - March 2016 #2

Energy and Climate Debate - Senate Energy and Natural Resources Committee chair Sen. Murkowski (R-AK) and ranking member Sen. Cantwell (D-WA) remain optimistic that the Senate bipartisan energy bill will advance perhaps...more

UN Security Council Tightens and Expands Sanctions Against North Korea

On March 2, 2016, the United Nations Security Council unanimously adopted Resolution 2270 imposing new sanctions and tightening old measures against the Democratic People’s Republic of Korea (DPRK). The resolution is in...more

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