International Trade Privacy

Read need-to-know updates, commentary, and analysis on International Trade issues written by leading professionals.
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A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data...more

Swiss-U.S. Privacy Shield Finalized

On January 11, U.S. and Swiss authorities announced final agreement on the Swiss-U.S. Privacy Shield Framework. The Framework defines standards for handling personal data exported from Switzerland to the U.S. and enables U.S....more

No More Ransom Project Expands Membership and Tools

The No More Ransom Project, a coalition of security companies and law enforcement, which was launched through a partnership with the European Cybercrime Centre, the National High Tech Crime Unit of the Netherlands police,...more

Swiss-U.S. Privacy Shield Framework to Launch April 12

On January 11, 2017, the U.S. Department of Commerce, the Swiss Federal Council and the Swiss Federal Data Protection and Information Commissioner (FDPIC) issued press releases announcing that an agreement has been reached on...more

EU Commission Publishes Its Proposals for New e-Privacy Regulation

On 10 January, the EU Commission proposed a new Regulation on Privacy and Electronic Communications (“proposed Regulation”) to replace Directive 2002/58 (known as the “ePrivacy Directive”). The proposed Regulation...more

The Future of Russia Sanctions: The Awkward Edition

On January 10, 2017, Senate Republicans and Democrats introduced bi-partisan legislation called the “Countering Russian Hostilities Act of 2017,” which would impose broad sanctions on Russia. The Act would codify the...more

Swiss-US Privacy Shield Will Replace Swiss-US Data Protection Safe Harbor

On January 11, 2017, the Swiss Federal Council announced that a new framework will govern the transfer of personal data from Switzerland to the US. According to the Federal Council, the Swiss-US Privacy Shield Framework...more

EU e-Privacy Regulation Raises Stakes for Compliance

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

Privacy Certifications and Trustbrands In the EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States, privacy certifications, or “trustbrands,” are seals licensed by organizations to place on their homepage or within their privacy policy. The seals typically state, or imply, that the organization has...more

DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

New Rules for the Cross-Border Transfer of Personal Data between the U.S. and Switzerland

The U.S. and Swiss governments have finalized a Privacy Shield agreement to allow the cross-border transfer of personal data from Switzerland to the United States. First, let’s jump in our proverbial time machine and go...more

FTC Charges Taipei Based D-Link for Inadequate Security of Computer Routers and Cameras

The Federal Trade Commission (FTC) has filed a complaint in Northern California against D-Link for putting thousands of consumers at risk over the past decade for failing to have adequate security practices in its routers and...more

EU Proposed ePrivacy Rules to Extend to all Electronic Communications Providers

On January 10, the European Commission proposed new legislation that would update and supplement current ePrivacy rules and extend their scope to all providers of electronic communication services. The following is a...more

University Panthéon-Assas (Paris II) and Hogan Lovells Launch a Data Protection Officer Degree

On January 5, 2017 Paris Law School Panthéon-Assas launched its first university degree (diplôme d’université) aimed at training future Data Protection Officers (DPOs) under the new European General Data Protection Regulation...more

European Commission Proposes ePrivacy Regulation

On January 10, 2017, the European Commission proposed a new ePrivacy Regulation (Proposal). Compared to the internal draft that was leaked in December, the official Proposal has been substantially modified....more

Superintendence of Industry and Commerce releases guide on how to obtain declarations of conformity

In October 2016, the Superintendence of Industry and Commerce published a guide that establishes parameters for any natural and/or legal person seeking a declaration of conformity for the international transfer of personal...more

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

Alert: EU Privacy Q&A – Network and Information Security Directive

The UK Government has published its report entitled "Cyber Security Regulation and Incentives Review"), which sets out its intentions following Brexit on the implementation of the Network and Information Security Directive...more

New U.S. Sanctions Concerning Russia: President Obama Logs Out of 2016 with an Amendment to the U.S. Cyber-related Sanctions...

On December 29, 2016, OFAC (the U.S. Department of the Treasury, Office of Foreign Assets Control) imposed sanctions on five Russian entities and four Russian individuals in connection with their alleged efforts to interfere...more

Global Cybersecurity Threats to the Maritime Sector

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 16 CI sectors, including transportation and maritime – continue to grow exponentially. The incoming Trump Administration has made it clear that...more

How Should We Think About Cyber War, Where Rules Remain to be Written?

The recent hack of the Democratic National Committee (DNC) and the United States’ subsequent decision to impose retaliatory sanctions against Russia poses an important question: what does international law have to say about...more

Your Company’s Website Privacy Policy Probably Needs a Refresh (Before February 1, 2017)

As 2016 has come to a close, now is a good time to take stock of new disclosure obligations for website privacy policies introduced over the course of the year. It is likely that if your company’s privacy policy has not been...more

Article 29 Working Party Issues Guidance on Data Portability, DPOs and Lead Supervisory Authorities

As we enter 2017, 2018 doesn’t seem that far away…and with the new General Data Protection Regulation (GDPR) due to come into effect from 25 May 2018, organisations are running out of time to ensure compliance with the new...more

Obama Uses Executive Order Authority to Respond to Malicious Russian Cyber Activity - President Amends EO 13964 From April 2015 in...

President Barack Obama amended Executive Order (EO) 13964 on December 29, 2016, in response to intelligence community findings that the Russian government engaged in malicious cyber activity with respect to the U.S. electoral...more

Cyber Alert: 2016 Breach Roundup, Part II: U.S. and EU Data Breach Notification Regulations Highlights and Trends

Frameworks requiring breach notifications of various kinds significantly expanded in scope in 2016 at both the state and federal levels. However, at least in the U.S., some of the new federal requirements may not be in place...more

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