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Review of International Regulation of Social Media Promotions at the 2016 RAPS Conference

The Regulatory Affairs Professionals Society (RAPS) held its annual Convergence conference last week in San Jose. The event certainly illustrated RAPS’s global influence given that the attendees represented many of the...more

Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement. If this decision, GS Media BV v....more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

FCPA Compliance Report-Episode 279-Adam Turteltaub on the SCCE 2016 Compliance and Ethics Institute

In this episode I visit with Adam Turteltaub about the upcoming SCCE 2016 Compliance and Ethics Institute. ...more

EU Retail News – September 2016

UK retailers, like all businesses, are facing several years of uncertainty following the Brexit vote. This uncertainty will not be alleviated until the terms of the UK’s withdrawal from the European Union are defined and UK legislation is either modified or adopted to address any “holes” created by the withdrawal from the regulatory framework of the EU. This Article originally published in Retail Gazette - July 21, 2016. more

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

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. Safe Harbor was widely criticized in Europe as being too easily circumvented, too infrequently enforced and, in general, offering too little protection to the personal data of EU citizens. Please see full Alert below for more information.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 and Salesforce, among others) have self-certified that they are in compliance with the EU-U.S. Privacy Shield.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 latest bill – announced by the Queen in May 2016 but published post-Brexit vote – leads to questions about whether the UK will need more than a piecemeal Act of Parliament if it is to maintain whatever position it currently enjoys in the global digital economy. Much has changed since the UK’s last direct legislation on the digital economy, back in 2010. Technologies that seemed advanced then – such as cloud computing – now comprise mature markets, and have been replaced by Big Data, robotic process automation, the Internet of Things and blockchain/distributed ledger technology as industry favourites. Also, the EU has both announced and pushed forward its Digital Single Market initiative. And, of course, the UK has voted in favour of Brexit. Please see full Alert below for more information. more

FCPA Compliance and Ethics Report-Episode 276-Regulator Evolution

In this episode Red Flag Group CEO Scott Lane and I discuss how regulators thinking on best practices compliance programs has evolved. more

Second Pokémon Go Alliance Announced: SoftBank

The international phenomenon surrounding the mobile game Pokémon Go has captured the attention of marketers. As we have discussed before, until Niantic, the developer of Pokémon Go, makes sponsorship more readily available, marketers in the U.S. and across the globe have found interesting and innovative ways to latch onto the Pokémon Go craze. The promise of sponsorship was underscored when Pokémon Go launched in Japan along with the announcement that McDonald’s had entered into a sponsorship arrangement whereby its 3,000 restaurants in Japan would be PokeStops and the “golden arches” logo would appear on the gyroscope image that enables players to obtain pokeballs, eggs, incense and other virtual items that are critical to effective gameplay.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 breach.more

War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the victims. In refusing this Internet domain seizure, the D.C. Circuit expressed concern about a “doomsday scenario” that could fundamentally disrupt the stability and accessibility of the Internet to the detriment of the general public. With this ruling, the D.C. Circuit acted with a degree of caution, mindful not to create waves amidst the global nature of Internet regulation.more

Ten Hallmarks of an Effective Compliance Program-Hallmark 4

In this 10-episode podcast series I take a look at all ten hallmarks of an effective compliance program as set out in the FCPA Guidance. In this episode I review Hallmark 4-risk assessments.more

When It Absolutely, Positively Has to Be Indicted Overnight: How to Prevent Future Debacles Like the FedEx Prosecution

Against the backdrop of years of unprecedented monetary penalties imposed through DOJ civil settlements and deferred prosecution agreements with financial institutions embroiled in the 2008 financial meltdown, the DOJ came under withering criticism for perceptibly treating scrutinized corporations simply as cash cows rather than addressing the actual criminal conduct of the corporations and their executives. Originally published in The FCPA Blog - August 22, 2016.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 is set to replace the Data Protection Directive (95/46/EC) of 1995. On May 4, the final and as-approved version of the GDPR was published in the EU’s Official Journal. Businesses can expect the GDPR to become the law of the land applying throughout all EU member states beginning on May 25, 2018. more

Location Data Poses Risks To Individual Privacy Says Irish Regulator

With the proliferation of location-based app services like traffic alerts and ride-sharing programs, the collection of consumers’ location information has exploded in recent years. It comes as no surprise, therefore, that the Office of the Data Protection Commissioner (“DPC”) in Ireland issued guidance last week on the collection of location data, warning individuals about the risks associated with information relating to their location and clarifying businesses’ obligations when collecting that data. The takeaways: most location-based data constitutes “personal data” and must be protected accordingly, some location-based data will be subject to enhanced protections as “sensitive personal data,” and businesses that collect or process location data should obtain informed consent before collecting consumers’ location information. more

DOJ Doubles Penalties for Violation of the False Claims Act

The Department of Justice (“DOJ”) has issued an interim final rule that dramatically increases the dollar amount for civil penalties that can be assessed against an entity or individual who violates the False Claims Act (“FCA”). Under the FCA, 31 U.S.C. § 3729, et seq., anyone who knowingly presents a “false or fraudulent” claim to the government for payment or approval or knowingly makes or uses a false record or statement material to a false or fraudulent claim is civilly liable to the federal government. more

Digital Single Market Update: The European Commission’s Proposal to Revise the Audiovisual Media Services Directive

The European Commission has proposed legislation in the EU to provide a uniform legal and competition framework for video-streaming services provided via the Internet. The regime includes changes to advertising, the introduction of a quota on the provision of European content, and other provisions to deal with the protection of minors and with hate speech. Since the current version of the EU’s Audiovisual Media Services Directive (AVMSD) was adopted in 2010, media consumption has changed dramatically, largely as a result of developments in the Internet and mobile devices combined with an increase in the available bandwidth. Fewer people, in particular the younger generation, are watching traditional television; instead they are watching films, video and other audiovisual content via the Internet, or on their mobile devices. Please see full Alert below for more information. more

Less Is More: European Commission Gives Boost to the Collaborative Economy

Sometimes, what’s omitted is more important than what’s included. And never more so than in relation to EU regulation and compliance. Providers of peer-to-peer platforms may have feared that a desire by the EU to “encourage” the development of European-based collaborative economy businesses would inevitably lead to more regulation. But a recent Communication by the European Commission seems intended not only to allay fears of sector-specific regulation but, even better, to encourage EU Member States to simplify and remove unnecessary regulatory burdens. The sector has many names – the collaborative economy, the sharing economy, peer-to-peer, on-demand services, etc. Whichever name you prefer, platforms offering services that involve individuals sharing their resources are increasingly successful. Indeed, gross revenue from collaborative economy services reached €28 billion in Europe in 2015. Please see full Alert below for more information. more

The Digital Single Market Strategy: One Year On

In May 2015, the European Commission announced its Digital Single Market Strategy to accelerate the creation of a digital single market (DSM) across the EU. The EU’s aim is to broaden access to e-commerce, media and entertainment, telecoms and online services, and to ensure that the optimum conditions exist to allow these sectors to grow, ultimately for the benefit of Europe’s consumers and the wider economy. In this Alert, we consider the progress of the Commission’s plans and the likely impact of the legislation so far issued on EU-based and non-EU digital and technology businesses. Please see full Alert below for more information. more

ICO Responds to the ePrivacy Directive Consultation

In April, we reported that the European Commission had opened a public consultation seeking the views of various stakeholders on the current wording of, and possible changes to, the Privacy and Electronic Communications Directive (2002/58/EC as amended) (“ePrivacy Directive”). The retrospective evaluation was necessary to ensure the ePrivacy Directive is fit for the digital age, and remains valuable and effective once the General Data Protection Regulation (2016/679) (“GDPR”) is introduced.more

The FTC Has Not Yet Begun To Fine - InMobi’s Million Dollar Settlement and Online Analytics in an Age of COPPA

In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy Protection Act (COPPA). InMobi, whose software resides on over a billion mobile devices, a fifth of them in North America, denied wrongdoing. It attributed the issues underlying the settlement to technical glitches. The settlement is noteworthy for three reasons.more

Impact of the European General Data Protection Regulation (GDPR) on Adequacy and 5 Tips to Weather the Changes

Recent media coverage has brought to light the internal deliberations of the Government of Canada regarding the possible impact of the entry into force in 2018 of the GDPR on Canada’s adequacy status to receive personal data from the European Union (EU). Ten other countries, and the businesses in those countries, should examine the same question: Andorra, Argentina, Faroe Islands, Guernsey, Israel, Isle of Man, Jersey, New Zealand, Switzerland and Uruguay. The EU-US Privacy Shield, to which U.S. companies may self-certify, has received adequacy status.more

Your daily dose of financial news - The Brief – 8.3.16

Look to Miami for the latest legal troubles for the country’s biggest banks. After most have finally put to bed the remnants of Great Recession RMBS litigation, a new tack by the city is looking to hold them responsible for lower property values and tax revenue and increased emergency services costs as a result of allegedly unfair loans and the inevitable foreclosure crisis they caused.more

EU-U.S. Privacy Shield: Companies Can Now Certify

As of, August 1st, 2016, U.S. companies can now join the Safe Harbor successor EU-U.S. Privacy Shield (the “Privacy Shield”) for personal data transfers from the EU to the U.S. This post gives a high level summary of what companies should consider with the Privacy Shield.more

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