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New Data Protection Obligations In Europe: Data Protection Officers and Impact Assessment under the New General Data Protection...

The full text of the General Data Protection Regulation (GDPR) was published on 4 May 2016. Although the GDPR will not be effective until 25 May 2018, it is worth looking into it right now given the major changes it makes to...more

Are Dynamic IP Addresses Personal Data? A Primer

Last month, one of the Advocate Generals (“AG”) of the Court of Justice of the European Union (“CJEU”), Manuel Campos Sánchez-Bordona, issued an opinion suggesting that dynamic IP addresses should be recognized as “personal...more

What Attorneys Can Learn from History’s Largest Data Breach

On April 3, 2016, the public learned that millions of client documents from the Panamanian law firm and corporate services provider Mossack Fonseca & Co. (MF) had made their way to an international organization, the...more

EU Data Protection reform – six top tips for pension scheme trustees

After more than four years of negotiations, the new EU data protection framework has finally been agreed. Following a two-year transition period, the General Data Protection Regulation (GDPR) will apply in all member states...more

EU Privacy Shield Status Update

While it’s making few headlines, the European Commission is still working to finalize Privacy Shield, and it’s even possible that Privacy Shield will pass a key hurdle by the end of this month. The Commission is still...more

EU-US Data Transfers?: An update on actions taken by European DPAs

After the European Court of Justice invalidated Safe Harbor on October 6, ?2015, the Article 29 Working Party announced in an October 16, 2015 statement that US companies that were Safe Harbor certified had until the end of...more

What does BREXIT mean for data protection?

On 23 June 2016, the UK is holding a referendum as to whether to stay in the European Union or leave it.  But what does a BREXIT (a British Exit from the EU) mean for data protection?  Most of the UK law on data protection...more

European General Data Protection Regulation to Apply from May 2018

In Depth - On 4 May 2016, the General Data Protection Regulation (GDPR), was published in the Official Journal of the European Union (L 119/1). It will apply from 25 May 2018, at which point it replaces the current legal...more

German Data Protection Authority Issues Fines for Unlawful Cross-Atlantic Data Transfers

The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had...more

Criticisms over the Draft Adequacy Decision by the European Data Protection Supervisor: Final Lap for the Privacy Shield?

Following twenty-seven EU and U.S. non-profit organizations in their letter of March 16, the Article 29 Working Party (WP29) in its opinion n° 01/2016 of April 13 and the EU Parliament in its resolution of May 26, it is now...more

German Data Protection Commissioner Fines US Companies for Unlawful Data Transfers

On June 6, 2016, the Data Protection Commissioner for Hamburg, Germany, announced fines against three US companies for unlawful transfers of employee and customer data from the EU to the US. This action by the Hamburg...more

New threats to transatlantic data flows as Model Clauses come under fire

The transfer of personal data from the EU to the US is continuing to come under attack in the EU, with Model Clauses now in the regulatory crosshairs. Consequently, organisations that do business on both sides of the Atlantic...more

German Data Protection Authority fines companies for transferring data to the United States

Following the CJEU’s judgment of October 2015 invalidating the European Commission’s Safe Harbor Decision, the Data Protection Authority Hamburg (“DPA Hamburg“) started investigations against 35 internationally operating...more

Also In the News - Data, Privacy, & Security Practice Report - May 2016 #3

EU Skepticism About The Privacy Shield—On May 30, 2016, European Data Protection Supervisor Giovanni Buttarelli, in his capacity as an independent advisor to the EU legislator, issued a statement that “the Privacy Shield as...more

Data Transfer Without Safe Harbors

European privacy law is a bold new world for U.S. businesses doing business in Europe. An October Court of Justice ruling struck down the Safe Harbor arrangement which had governed E.U.-U.S. data transfer transactions for...more

Cybersecurity News and Notes – June 2016

In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law...more

UK Regulator Elaborates Plans for Extensive Guidance on GDPR Compliance

The UK Information Commissioner’s Office (“ICO”) has provided details on its plans to provide guidance to organizations on compliance with the European Union’s General Data Protection Regulation (“GDPR”), which will apply...more

EU Data Supervisor: Privacy Shield Needs “Robust Improvements”

The push for the European Union and the United States to reopen negotiations over the EU-U.S. Privacy Shield may have just become a shove, due to a recent opinion released by the European Data Protection Supervisor (EDPS)...more

EU Institutions Weigh In on Commission’s EU-U.S. Privacy Shield Proposal

Last week has seen two important developments in relation to the EU-U.S. Privacy Shield (“Privacy Shield”) for transfers of personal information from Europe to the United States. A draft adequacy decision and related...more

Privacy & Cybersecurity Update - May 2016

In this edition of our Privacy & Cybersecurity Update, we examine recent developments, including the U.S. Supreme Court's holding in Spokeo that consumer plaintiffs must show "real harm" to sue in federal court, the EU data...more

International Data Transfers Face Further Setbacks: MEPs and the EDPS Reject the Privacy Shield & the Adequacy Challenge Spreads...

The options available to EU organisations for lawfully transferring personal data from Europe to the United States appear to be dwindling. In particular, there have been further setbacks to the approval of the Privacy Shield...more

Innocents Abroad: Lost laptop with customer data

Carrie, A couple of weeks ago, you wrote me about an employee who will be engaging in a six-month temporary assignment around Europe to scope market opportunities. The employee was Abbie Absent-Minded. Well, we hit a...more

European Data Protection Supervisor Slams EU – US Privacy Shield

European Data Protection Supervisor (EDPS) Giovanni Buttarelli issued his formal opinion on the EU- US Privacy Shield, arguing that while it’s a step in the right direction, “robust improvements” are needed. The EDPS is an...more

EU: Privacy Shield on hold, model clauses under attack

In the latest (although not unexpected) blow to the Privacy Shield, the European Parliament has passed a resolution stating that the European Commission should renegotiate the Privacy Shield to seek improvements beyond the...more

It’s Back for Spring 2016: The Annual Verizon Data Breach Investigations Report

Last year around this time we examined the results of Verizon’s annual Data Breach Investigations Report (DBIR). As in year’s past, Verizon analyzed the data it received from companies across the country about security...more

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