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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

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

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

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

Hey! Did You Hear? The United States Imposed Sanctions Against Russia.

For those of us who live and breathe U.S. economic sanctions, we are used to most people largely ignoring what goes on in our world. The United States’ recent imposition of new sanctions against Russia, however, was not one...more

US Expands Cyber-Related Sanctions Executive Order and Designates Russian Parties

On December 29, 2016, President Obama issued a new Executive Order (EO) entitled "Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities."...more

EU Binding Corporate Rules For Transferring Data: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States companies are permitted to transfer personal information – including sensitive personal information – as needed between their offices, locations, and corporate affiliates. For example there are no...more

GDPR Guidance: DPOs, Data Portability & the One-Stop-Shop

The Article 29 Working Party (WP29) – the group that represents the data protection authorities of all EU Member States – has published guidance and FAQs on a number of issues under the General Data Protection Regulation...more

Do You Know Where Your Data Is Located? Why Knowing is Half the Battle

Whether you realize it or not, you are probably storing some personal or business data in the cloud. The National Institute of Standards and Technology (NIST) defines cloud computing as a model for enabling ubiquitous,...more

Brussels Regulatory Brief: December

January will bring some important changes in the internal composition and current leadership of the European Parliament (“EP”). Such changes are expected to shake the EP’s internal life, even without a shift in the general...more

Six Months In, Privacy Shield Is Battered But Holding: Three Notable Developments in U.S-E.U. Data Transfers

The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more

Leaked Draft ePrivacy Regulation: What to Expect from the New Rules

An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either...more

The EU’s Article 29 Working Party Releases Guidelines Ahead of GDPR Implementation and Addresses the Privacy Shield

The EU’s Article 29 Working Party (WP29) held a plenary meeting in early December 2016. At the meeting, the WP29 adopted guidelines and issued FAQs relating to the EU General Data Protection Regulation’s (GDPR’s) provisions...more

WP29 Releases Extensive Guidance on DPO Obligations; Companies Need to Start Planning Now

Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part one of a three-part Alston &...more

WP29’s Guidance on the Lead Supervisory Authority

Late last week, the Article 29 Working Party (“WP29”) issued detailed guidance on companies’ obligations under three key provisions of the General Data Protection Regulation (GDPR). This is part three of a three-part Alston...more

Background Screeners, DPOs and Transfers of Data from the EU to the US

Companies that transfer personal data from the European Union (“EU”) to the United States should be working toward their compliance with the EU’s General Data Protection Regulation (“GDPR”) (Regulation (EU) 2016/679) which...more

Indonesian Electronic Information and Transactions Law Amended

Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions ("Amendment") took effect on 25 November 2016. Aiming to accommodate recent developments in the electronic information and...more

Top 10 Litigation Risks and Trends for Retailers

With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims...more

The New Cybersecurity Law—New Compliance Focus for Enterprises in China

On November 7, 2016, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC) passed the final Cybersecurity Law (CSL) after three rounds of review by the NPC since June 2015....more

Further Challenges to EU-US Privacy Shield and EU Data Exports

The EU-US Privacy Shield, introduced earlier this year to provide a lawful means of transferring personal data from the EU to the US, is facing a second legal challenge, this time from several French privacy rights groups....more

Four Points And A Stick: What You Can Do Right Now to Prepare for the European Union’s General Data Protection Regulation

It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location...more

Data Protection Officer and IT Manager – Two Jobs That Do Not Match

Companies required to appoint a data protection officer (“DPO” ) in Europe should carefully consider which candidate is best to select for the job. A company established in Bavaria, Germany, was recently fined by the Bavarian...more

Business Litigation Report - November 2016

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law - On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its...more

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