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Privacy & Cybersecurity Update - September 2014

In This Issue: - Home Depot Data Breach — Lawsuits, Calls to Action and Lessons Learned - Skadden Participates in FBI Cyber-Intelligence Workshop - FTC Explores Impact of ‘Big Data’ on American...more

GPEN Publishes Privacy Sweep Results

On 10 September 2014, the Global Privacy Enforcement Network (GPEN) published the results of its privacy enforcement survey or “sweep” carried out earlier in 2014 with respect to popular mobile apps. The results of the sweep...more

How EU data protection laws impact cross-border FCPA investigations

EU data protection laws apply to "personal data" in the broadest sense. For instance, a business email sent by an employee from the office constitutes "personal data" as long as the email directly or indirectly identifies an...more

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

Intel Committee Chief Says Cyber Bill Could Face Two-Year Wait

On September 19, 2014, House Intelligence Committee Chairman Mike Rogers followed up on comments he and Senate Intelligence Committee Vice Chairman Saxby Chambliss made last week concerning the prospects for cybersecurity...more

Internet of Things reviewed by data protection regulators

The growth of the Internet of Things brought the attention of the European data protection regulators that through the European data protection advisory body, the Article 29 Working Party, issued an opinion on the Internet of...more

Internet of Things: European privacy recommendations

Call it a coincidence or not: exactly one week after the Apple Watch was officially introduced by Apple CEO Tim Cook on 9 September 2014, the European data protection advisory body – Article 29 Data Protection Working Party...more

Bipartisan LEADS Act Aims to Protect Data Stored Abroad

On September 18, 2014, Senators Orrin Hatch, Dean Heller and Chris Coons introduced "The Law Enforcement Access to Data Stored Abroad Act" (LEADS), a bill that would amend provisions in the Electronic Communications Privacy...more

EU Cookie Sweep Initiative

As part of the continued effort to protect online privacy, European Union Data Protection Authorities have swept websites and mobile apps to ensure compliance with Directive 2009/136/EC, otherwise known as the EU Cookie...more

Italian Data Protection Authority: analysis of the first half 2014 and action plan

The Italian Data Protection Authority (Garante) has recently made available the results of the first half 2014 activities: 196 inspections, fines issued in the range of 2,5M Euro (already collected). ...more

Privacy Tuesday – September 2014

Happy autumnal equinox Home Depot Breach – By the Numbers: - 56 million cards at risk (compare to Target = 40 million) - $62 million in estimated costs (compare to Target =$146 million and...more

FRANCE: Cookies Sweep Day Is Here

The CNIL announced last week that it was conducting its Cookies Sweep on September 18-19. The CNIL reviewed 100 French websites and checked the following...more

Intellectual Property and Technology News (Asia)

Welcome to the most recent Asia Pacific edition of Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in IP and technology law, offering perspectives, analysis and...more

QATAR: Promulgating the Cybercrime Prevention Law

On 15 September 2014, Qatar’s Emir approved Law No. 14 of 2014, The Cybercrime Prevention Law (“Cybercrime Law”). Although it has not yet been published in Qatar’s Official Gazette, the text of the law was published in the...more

Recent Amendments to the Procedure of Personal Data Processing in Russia

Federal Law No. 242-FZ "On Amendments to Certain Legislative Acts of the Russian Federation for Clarification of the Procedure of Personal Data Processing in Information and Telecommunication Networks" (the "Federal Law No....more

Brazilian Regulators Slap $1.59 Million Fine on Telecom Giant Oi, Alleging Violations of Users’ Privacy Rights

As a reminder of the transnational nature of online data collection-and the ever-expanding web of regulatory bodies stepping in to monitor how information is collected and used-Brazilian regulators announced that they had...more

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

Microsoft Stands Up in Court for European Privacy Rights?

A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

European “Cookie Sweep” Initiative – 15 - 19 September 2014 – Is Your Website Ready?

The European data protection authorities will be conducting a “cookie sweep” later this month, carrying out random spot checks on websites to assess for compliance with EU “cookie” laws. Businesses should therefore be...more

Processing Personal Data in Russia? Consider These Changes to Russian Law and How They May Impact Your Business

Changes Impacting Businesses that Process Personal Data in Russia - On July 21, 2014, a new law Federal Law ? 242-FZ was adopted in Russia (Database Law) introducing amendments to the existing Federal Law “On personal...more

Privacy or Politics? – Russia Seeks More Control Over its Citizens’ Personal Data

Back in July, President Vladimir Putin signed a law (Federal Law No. 242-FZ) that compels “data operators” to store Russian citizens’ personal data only inside Russia. Previously, Russian law allowed the storage of data...more

France: CNIL to begin cookies enforcement in October

Starting in October, France’s Data Protection Authority (the CNIL) will verify compliance with its December 2013 Recommendation on the use of cookies and tracking technologies....more

Major Barrier to E-Commerce in Middle East and North Africa is Fear about Data Security

In a recent article published by Law 360, Proskauer litigation associate Courtney Bowman outlines how companies can make inroads in the e-commerce market in the Middle East and North Africa (MENA). Although often overlooked,...more

IP Rights In Data Handbook - Protecting and exploiting IP in data, big data and databases internationally

In the era of Big Data, no ambitious business can afford to live without a strategy for the acquisition, protection and exploitation of the data upon which it depends. The laws enabling data to be protected and exploited are...more

Important Changes to Russian Data Protection Rules

There has been an important development in Russian Data Protection Law. On July 22, 2014 a new law amending the law on data protection and law on information was signed off by the Russian President and thus was...more

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