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ICO Reminds Organisations of EU-U.S. Personal Data Transfer Obligations

The Interim Deputy Commissioner at the Information Commissioner’s Office (“ICO”), Steve Wood, has published a blog reminding organisations of their obligations when transferring personal data to the United States, pursuant to...more

Eddie Bauer Latest Victim of POS Malware Attack

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. The...more

European Commission Publishes Draft Regulation on Geo-Blocking – Will It Unblock ECommerce Across the EU?

As part of the Commission’s Digital Single Market initiative, the European Commission has published a draft Regulation aimed at preventing traders from discriminating against customers based on nationality or location. The...more

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme...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...more

EU-US Privacy Shield: How to Certify

Following formal approval of the EU-US Privacy Shield, US organizations will now be considering how to apply for Privacy Shield certification. On July 12, 2016, the European Commission formally approved and adopted the...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

FTC Announces FinTech Forum on Crowdfunding, Peer-to-Peer Payments

On August 3, 2016, the Federal Trade Commission (FTC) released two items in connection with its series of events on the implications of FinTech for consumers. First, the FTC announced it will be hosting the next event in the...more

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 20:...

ad hoc clauses means a set of clauses for Cross-Border Data Transfers, which require prior approval by a DPA (see Chapter 13)....more

An Overview of the New General Data Protection Regulation

The European Parliament has approved the reformed General Data Protection Regulation (the “GDPR”). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State (without...more

“Privacy Shield” Open For Business – Fees?

The certification forms for the new US-EU Privacy Shield Framework are now available online. What is not easily discernible in the workflow is the fee structure. One needs to refer back to the Federal Register’s...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 19:...

Why does this topic matter to organisations? This topic covers the transitional period between the publication of the GDPR (on 4 May 2016) and the GDPR Effective Date (i.e., 25 May 2018). This represents a limited,...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 18:...

Why does this topic matter to organisations? From the GDPR Effective Date, the GDPR will be the main instrument governing EU data protection law across all Member States. The Directive, which is almost 20 years old, will...more

If Your Company Receives EU Citizens’ Personal Data, Privacy Shield Self-Certification Is Now Open – And the Clock is Ticking on...

If your company transfers the personal information of European Union citizens to the United States, you likely have kept a close eye on the evolution of EU privacy law since a European court invalidated the former EU-U.S....more

Best Practices for Cybersecurity in Vehicles

In response to increasing cybersecurity threats in vehicles, in 2015 the Automotive Information Sharing and Analysis Center (Auto-ISAC) was formed. Its member companies include all automakers operating in North America...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 15:...

Why does this topic matter to organisations? Under the Directive, organisations are obliged to deal with a separate DPA for each Member State whose laws apply to them. This has meant that businesses faced a range of...more

It’s Time. Pick up the Shield.

When the new EU-US Privacy Shield was adopted all the way back on the 12th of July, we were quoted in the media discussing the fact that formal legal challenges to it were inevitable. By the time the dust settled enough to...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 14: Data...

Why does this topic matter to organisations? National Data Protection Authorities ("DPAs") are appointed to implement and enforce data protection law, and to offer guidance. As set out in Chapter 16, DPAs have...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 13:...

Why does this topic matter to organisations? In today's world, it is increasingly important to be able to move data freely to wherever those data are needed. However, the transfer of personal data to recipients outside...more

“Battle-ready” Privacy Shield gets muted welcome from EU data protection authorities

On 26 July, the Article 29 Data Protection Working Party (WP29) released a statement outlining its opinion on the EU-U.S. Privacy Shield, which was adopted by the European Commission earlier this month. After praising the...more

Article 29 Working Party on the EU-US Privacy Shield: A Number of Concerns Remain But Let’s See How It Works

Article 29 Working Party on the EU-US Privacy Shield: The EU’s Article 29 Working Party analyzed the final version of the Privacy Shield and issued a statement on July 26, 2016. What does this mean?...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 12: Impact...

Why does this topic matter to organisations? A significant aspect of complying with EU data protection law is demonstrating compliance—making it evident to DPAs that an organisation is meeting its obligations. Three of...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 11:...

Why does this topic matter to organisations? Under the GDPR, the concept of a "processor" does not change. Any entity that is a processor under the Directive likely continues to be a processor under the GDPR. However,...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 10:...

Why does this topic matter to organisations? Each time an organisation processes personal data, it will do so as either a controller or a processor. These roles bear different responsibilities. Therefore, it is...more

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