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"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

China Finalizes New Cyber Security Law

China has finalized a broad new Cyber Security Law, its first comprehensive data privacy and security regulation. It addresses specific privacy rights previously adopted in the European Union and elsewhere such as access,...more

Qatar Enacts New National Privacy Law, The First Of Its Kind In The Arabian Gulf

On November 3, 2016, the State of Qatar announced the passage of a new national privacy law. The law, which requires companies and organizations to protect the personal information they gather from individuals, is the first...more

Decision to Block LinkedIn in Russia Demonstrates Russian Government’s Commitment to Enforce New “Localization” Requirements for...

- Recent amendments to Russia’s data processing rules require that databases used to process personal information of Russian citizens be located in the Russian Federation, even if the data is maintained by foreign...more

Trade & Manufacturing - News of Note - November 2016

Anniversary of Softwood Lumber Agreement Expiration Could Bring New Trade Case - October 12 marked the one-year anniversary of the expiration of the 2006 Softwood Lumber Agreement between the United States and Canada and...more

In the Wake of Schrems: EU White List of Adequate Nations and Standard Contractual Clauses Under Review

Early last month, the European Commission tabled proposed amendments to its existing decisions on the adequacy of third countries’ data protection laws, and to its decisions on the EU standard contractual clauses....more

UK to implement GDPR regardless of Brexit

The UK government has confirmed that it will implement the EU General Data Protection Regulation, notwithstanding the UK's decision to leave the EU. This announcement confirms that UK businesses will need to become GDPR...more

EU Privacy Regulators Issue Letters To Yahoo And WhatsApp

In late October 2016, European Union (“EU”) data protection authorities issued letters to Yahoo and WhatsApp related to alleged privacy incidents involving those companies. The letters were issued by a collective of EU data...more

German Data Protection Authorities announce coordinated audit of international data transfers of 500 companies

According to a press release of the Bavarian Data Protection Authority dated 3 November 2016 (“Press Release”), 10 German Data Protection Authorities (“DPAs”) have commenced a coordinated written audit and assessment of...more

Irish Data Protection Commissioner Welcomes Increases in Budget in Preparation for the GDPR Enforcement

As the companies doing business in Europe are trying to get their arms around the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), but so far not making substantial headway, the European Data Protection...more

Germany to audit 500 companies on data transfers

The German data protection authorities have announced today that they have chosen 500 companies throughout Germany to audit their transfer of personal data to the US and other countries (eg. India). The targets were chosen...more

EU-U.S. Privacy Shield challenged

Privacy advocacy group Digital Rights Ireland has launched a challenge in European courts against the EU-U.S. Privacy Shield scheme, claiming it does not adequately protect the privacy rights of EU citizens. The lawsuit is...more

United Kingdom to Implement EU General Data Protection Regulation

UK Secretary of State Karen Bradley recently confirmed that the United Kingdom will implement the European Union’s General Data Protection Regulation (GDPR), the regulation by which the European Commission intends to...more

ECJ Confirms Dynamic IP Address May Constitute Personal Data But Can Be Logged to Combat Cyberattacks

On 19 October 2016, the European Court of Justice (ECJ) held (Case C-582/14 – Breyer v Federal Republic of Germany) that dynamic IP addresses may constitute personal data. The ECJ also held that a website operator may collect...more

Court confirms that IP addresses are personal data in some cases

The Court of Justice of the European Union has held that IP addresses are "personal data" in certain circumstances. This decision is significant because it means that the collection and further processing of IP addresses may...more

CJEU says dynamic IP addresses can constitute personal data

The Court of Justice of the European Union (“CJEU”) has ruled that dynamic IP addresses can constitute personal data. Dynamic IP addresses, registered by a website provider when an individual accesses its website, shall...more

Fenwick Privacy Bulletin - Fall 2016

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

How Can Yahoo E-Mail Scanning Impact the EU-U.S. Privacy Shield?

Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more

EU-US Privacy Shield: What You Need to Know for Transatlantic Data Transfers

The flow of data across international borders is crucial to commerce in today’s global economy. After last year’s invalidation of the Safe Harbor framework, which enabled companies to transfer personal data from the EU to...more

Transatlantic Data Transfer: An Update

The EU-US Privacy Shield, designed to protect EU citizens’ personal data when it is transferred to US organisations, has now been in place for a couple of months. How is it shaping up?...more

Small Companies and Those Not Certified Under the Safe Harbor Face Hidden Costs in the EU/US Privacy Shield Certification Process

The Privacy Shield in a nutshell. The Privacy Shield permits U.S. businesses to process and control the personal data of individuals, aka data subjects, located in the European Union (EU). Without the Privacy Shield,...more

UK ICO issues largest ever fine for a data breach

The UK Information Commissioner's Office (the "ICO") has issued a record fine of £400,000 to a UK telecoms company, in connection with a data breach that took place in October 2015. The fine, and the related adverse...more

First Privacy Shield Guidelines for Companies published by German DPA

On September 12, 2016, the Data Protection Authority of the German Federal State of North Rhine-Westphalia (“DPA NRW”) became one of the first EU data protection authorities to issue guidance on the implementation of the...more

Regulator Issues Report On Russia’s Data Localization Rules

On September 1, 2016, Russia’s Federal Service for Supervision in the Sphere of Connection, Informational Technologies and Mass Communications (“Roskomnadzor”) issued a report summarizing the results of implementation and...more

Bavarian Data Protection Authority issues new guidance paper on sanctions under the General Data Protection Regulation

On 1 September 2016, the Bavarian Data Protection Authority (“DPA”) issued a new guidance paper on sanctions under the new EU General Data Protection Regulation (“GDPR”) in the course of a series of non-binding guidance...more

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