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Data Protection Law- A Broken Shield

Sweeping statements made in an Executive Order issued five days into the Trump administration have cast doubt on the legal status of the EU-US Privacy Shield and have caused at least one highly-placed EU politician to...more

The Top 5 International Data Privacy Issues for Employers in 2017

As employers catch their breaths after an action-packed 2016, they need to gear up for another turbulent year for international data privacy issues in 2017. The top five international data privacy issues follow....more

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU,...more

Incident Response Plans: A Comparison of US Law, EU Law and Soon-To-Be EU Law

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare....more

Privacy Implications of President Trump’s Immigration Order

On Wednesday, January 25, President Donald J. Trump directed federal agencies, “to the extent consistent with applicable law,” to ensure that “their privacy policies exclude persons who are not U.S. citizens or lawful...more

Data Protection Officers: A Comparison of US Law, EU Law, and Soon-to-be-EU Law

Although organizations in the United States have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure and, in some...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

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

New EU ePrivacy rules in the making

Those who think that the EU General Data Protection Regulation is a lot to contend with are now facing the prospect of a new Regulation replacing the 2002 ePrivacy Directive. A version of the draft Regulation leaked earlier...more

Data Breach Notification In the EU: A Comparison of US and Soon-To-Be EU Law

In the United States Congress has repeatedly attempted, but failed, to agree on federal data breach notification legislation. As a result, there is no single federal statute that imposes a breach notification obligation on...more

Brexit: Impact on data protection

Following the UK's vote to leave the European Union, we consider the potential implications for data protection compliance. ...more

FAA Sends Proposed Rule for Drone Flights over People to the White House OIRA

Recently, the Federal Aviation Administration (FAA) proposed a new rule for performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (UAS or “drones’) over people who are not...more

Internet of Things (IoT) Security Takes Center Stage At FBI, DHS, NIST and Congress

On October 21, 2016, a domain name service host and internet management company experienced at least two waves of a distributed denial of service (DDoS) attack that impacted at least 80 websites, including those belonging to...more

California Amends Its Data Breach Notification Law…Again

Under this most recent change to California’s breach notification laws (California Civil Code sections 1798.29 and 1798.82), which takes effect January 1, 2017, businesses and agencies subject to the laws can no longer assume...more

President Donald J. Trump – What Lies Ahead for Privacy, Cybersecurity, e-Communication?

Following a brutal campaign – one laced with Wikileaks’ email dumps, confidential Clinton emails left unprotected, flurries of Twitter and other social media activity – it will be interesting to see how a Trump Administration...more

New Qatar Data Protection Law: What does it mean for business?

Qatar's new data privacy law will mean that businesses must take action to protect the privacy of personal data or risk fines of up to QR 5 million (USD 1.47 million). Subject to any extensions, businesses will have a...more

White House Issues Presidential Directive Coordinating Government Response To “Cyber Incidents”

On July 26, 2016, President Obama issued a new Presidential Directive setting forth the framework for how the United States (US) federal government will respond to “cyber incidents,” whether involving government or private...more

Want to Weigh In On Cyber Issues? Here's How.

Do you feel that the federal government doesn’t listen? Or at least not to you? Well, here is the opportunity to have your voice heard, albeit just on cybersecurity....more

Cyber Update: What Businesses Must Know about the New Presidential Policy Directive

Last month the White House disclosed how the federal government will coordinate incident response activities in the event of a large-scale cyber incident. While the policy directive is worth reading in its entirety, this...more

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

White House Releases Policy Directive On Cyber Incident Coordination

On July 26, 2016, the White House approved a Presidential Policy Directive (“PPD”) on coordinating responses to cyber incidents that occur in the United States. The PPD seeks to clarify who in the federal government is...more

9 Ways Brexit May Affect UK Compliance Regulations

After the UK’s momentous vote to leave the European Union, the country faces two years of exit negotiations and the re-drawing of regulations. So what might Brexit mean for ethics and compliance in the UK?...more

EU Article 31 Committee Approves EU-U.S. Privacy Shield Program – Client Alert – Wilson Elser

On April 5, 2016, Wilson Elser released a client alert that outlined the details of the EU-U.S. Privacy Shield program, the proposed replacement for the Safe Harbor arrangement for transfers of EU citizens’ private data to...more

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