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Phishing as a Service

A recent report from Imperva, Inc. has identified a Phishing as a Service (PhaaS) being offered on a Russian website. The United States Computer Emergency Readiness Team defines phishing as “an attempt by an individual or...more

Proposed German Law Could Curtail Privacy Rights

Although Germany has tended to advocate relatively strict data protection laws, a recently released draft law could call into question the extent to which Germany will protect privacy rights in the future. The stated purpose...more

Investigatory Powers Act Becomes UK Law

The new law gives UK intelligence and law enforcement bodies sweeping surveillance powers. The IPA was introduced in response to recommendations that David Anderson QC made, in his capacity as the Independent Reviewer of...more

Prepare for Compliance with General Data Protection Regulation Checklist

The Irish Data Protection Commissioner (DPC) has issued a 12-step checklist of actions companies can take now to better prepare for compliance with the General Data Protection Regulation (GDPR), the new EU privacy regulation...more

UK Surveillance Bill Becomes Law

On November 29, 2016, the United Kingdom’s controversial surveillance bill received royal assent and officially became law. The nearly 300-page law, known as the Investigatory Powers Act 2016, replaces and expands upon the...more

Connected or Automated Vehicles: The European Commission Presents its Strategy for Europe

On 30 November 2016 the European Commission (“Commission” or “EC”) presented its Communication on connected cars for Europe, under the more formal denomination “A European Strategy on Cooperative Intelligent Transport Systems...more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter – November 2016

Updates on the EU: German DPA Publishes First Privacy Shield Guidelines, Requires German-Law Contracts for Transfers. On June 7, 2016, the European Commission adopted the EU-U.S. Privacy Shield. One question that many...more

Amendment to Criminal Procedure Rule 41 Impacts Data Privacy in U.S. and Abroad

On December 1, 2016, amended Rule 41 of the Federal Rules of Criminal Procedure (FRCP) went into effect, thus expanding federal law enforcement’s power to search and seize electronic data. The new rule will allow law...more

Need to Know: Recent and Upcoming Changes to the UK’s Employment Law Landscape

New legislation due to come into force in April 2017 requiring employers to publish details of their average pay for men and women - New Gender Pay Gap Reporting obligations are expected to come into force in April 2017....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

EU-US Privacy Shield challenged in the European Court of Justice

Just four months after its adoption by the European Commission, the EU-U.S. Privacy Shield is facing its first formal legal challenge. The challenge comes from the Irish advocacy group Digital Rights Ireland, who is...more

“Sorry, Santa, the Kids’ Data Is Stuck In Russia!” ~ Plus LinkedIn Not Feeling the Love from Russia

LinkedIn has become the first major company to have access to its website in Russia blocked by the Russian Data Protection Authority, Roskomnadzor, following earlier Moscow Court decisions on 4 August and 10...more

"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 Employment Law Alert: New Data Privacy Obligations for Employers

The National People's Congress Standing Committee has now finalised the new Cyber Security Law ("CSL"), to take effect on 1 June 2017. The fast development of the internet in China has caused a rapid escalation of security...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

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

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

EU Releases Amendments to Model Clause and Country-Whitelisting Decisions – with Good News for Companies

Most privacy professionals are familiar with the European Court of Justice’s 2015 Schrems decision, which struck down the US-EU Safe Harbor mechanism. One lesser-discussed aspect of the ECJ’s decision related to the powers...more

Implementing the GDPR: What You Need to Know

Data protection procedures will require an overhaul for any company that offers goods and services, or tracks individuals, in the EU under the European General Data Protection Regulation (GDPR) to take effect from 25 May...more

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

The High Court has ruled that a business that receives a Subject Access Request ("SAR") can refuse to disclose the requested information in some cases, if the dominant purpose of the SAR is litigation. This appears to mark a...more

November 2016: Asia-Pacific Update

Privacy and Government-Issued Identification in Japan. In this age of proliferate information and increased cyber crime, securing personal information is critical. Even the disclosure of no more than an individual’s social...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

Data Protection Authorities Gather for the 38th International Privacy Conference

Data Protection Authorities (“DPAs”) from across the world gathered in Marrakesh for the 38th International Privacy Conference. This event is held annually for the purpose of debating topical data protection issues. The...more

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