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Alert: No More Safe Harbor: What Should Life Sciences And Biotech Companies Be Doing To Transfer Data To The US?

Last week Europe's highest court, the Court of Justice of the European Union (CJEEA) declared the Safe Harbor framework invalid. Many life sciences and biotech companies relied on Safe Harbor to legitimise transfers of...more

The End of Safe Harbor – What Does it Mean?

This past Tuesday, in the groundbreaking decision of Schrems vs. Data Protection Commissioner (C-362/14), the Court of Justice of the European Union (CJEU) invalidated the Safe Harbor provision of the EU Commission,...more

What Now? What Next? FAQs and Answers Regarding the Safe Harbor Decision

As we discussed in our blog post last week, on October 6, 2015, the Court of Justice of the European Union issued a judgment that invalidated the EU-U.S. Safe Harbor Framework. For the past 15 years, thousands of companies...more

FTC's Safe Harbor for Data Transfers Declared Invalid

The Court of Justice of the European Union has issued a landmark judgment in Schrems v Data Protection Commissioner (Case C-362/14) that invalidates the Federal Trade Commission’s (FTC) Safe Harbor Framework. The decision has...more

Three Privacy Policies Every Company Should Have in 2016

As we have reached the 4th quarter of 2015, many companies are actively planning for the next calendar year. In the last 12 months, privacy law has become a “front burner” issue for many companies....more

Non-compliance with new EU data privacy rules can be costly

On October 6, Europe’s highest court, the Court of Justice of the European Union, struck down the “Safe Harbor Framework,” which existed between the United States and the EU for 15 years. This has an impact on companies...more

School Districts to Undergo Cybersecurity Audit

Missouri Auditor Nicole Galloway recently announced plans to conduct cybersecurity audits of five school districts. Coinciding with National Cybersecurity Awareness Month, the audits are intended to reveal how school...more

Data Breaches Are Not Academic: Colleges and Universities Should Take Appropriate Steps To Avoid or at Least Minimize Their...

Data breaches at colleges and universities are on the rise. These institutions are targets because their networks have access to a large amount of private information, including educational and medical records, as well as...more

The U.S.-EU Safe Harbor Framework Is Invalid: Now What?

A confluence of events has tested the strength of the Safe Harbor Framework and for now, it is no longer a port in the storm. Most recently, on October 6, 2015, the Court of Justice of the European Union (CJEU) invalidated...more

European Court of Justice Invalidates U.S.-EU Safe Harbor

On October 6, 2015, the European Court of Justice (“ECJ”), the top court of the European Union (“EU”), released its opinion in Maximillian Schrems v. Data Protection Commissioner (C-362/14), invalidating the U.S.-EU Safe...more

TCPA FCC Petitions Tracker

Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation...more

No Port in a Storm: The United States’ Safe Harbor Is No More

Europe is on the cutting-edge of privacy protections, and has been for quite some time. The European Directive on privacy, the Data Protection Directive, was adopted in 1995 and regulates the sharing and processing of...more

European Court Invalidates EU-US Data Privacy Safe Harbor Framework

The Grand Chamber of the Court of Justice of the European Union recently invalidated the Safe Harbor Framework for data transfer from the E.U. to the U.S. The Safe Harbor Framework has provided a method to transfer personal...more

International Life Sciences Data Transfers After Schrems

With the recent ruling that the Safe Harbor programme is invalid under European law, life sciences companies will need to review their strategies when exporting patient data to the United States....more

OIG Reports Insufficient Oversight Of HIPAA Compliance

The HHS Office for Civil Rights (OCR) must improve its oversight and enforcement of patient information privacy and security rules by “covered entities” and their business associates under the Health Information Portability...more

Is Your HIPAA Compliance Program Ready for the FTC?

Everyone in healthcare knows that the next round of HIPAA audits is coming. Covered entities and business associates have long been advised to review and update their HIPAA security risk analyses, have business associate...more

California Amends Definition of Personal Identifiable Information and Breach Notification Content Requirements

On October 6, 2015, California Governor Jerry Brown signed into law several changes to California’s Data Breach Notification Statute. The law, as amended, adds additional categories of information into the definition of...more

EU Safe Harbor Program declared invalid by EU’s highest court

The European Court of Justice, (the EU’s highest court), ruled on Tuesday, October 6th that the safe harbor pact between the EU and the U.S. should be declared invalid because it fails to provide adequate protection for EU...more

HorrorFest 2015 Celebration Part II – The Cat People, the Schrems Decision and FCPA Investigations

It’s the second Friday in October and I am continuing my HorrorFest month. I usually call it Monster Movie Fest but this year I am celebrating the films of Val Lewton who really worked more broadly in the horror genre, rather...more

Phishing for Cybersecurity Coverage: When is a Fraud a “Computer Fraud”?

In late June, the New York Court of Appeals affirmed a trial court ruling that there was no coverage for a health insurance company policyholder, under a “Computer Systems Fraud” rider issued by its insurer, for an underlying...more

Litigation Alert: The CJEU's Decision on Safe Harbor and its Effects on US Technology Companies

The CJEU’s Decision on Safe Harbor and its Effects on US Technology Companies - On October 6, 2015, the Court of Justice of the European Union (“CJEU”), the European Union’s highest court, issued a groundbreaking...more

No Safe Harbor for EU-U.S. Data Transfers

In a landmark decision with immediate repercussions for both American and European companies, Europe’s highest court, the Court of Justice of the European Union (CJEU), ruled that the EU-U.S. Safe Harbor framework enabling...more

New Uncertainties for European-US Data Transfers: EU Court Strikes Down 15-Year Old Safe Harbor Agreement

On October 6, 2015, the European Court of Justice (the European Union's highest court), struck down the US-EU Safe Harbor Agreement that previously provided companies to store personal data about Europeans on U.S. servers,...more

Scottrade announces data breach affecting 4.6M customers

Scottrade, a retail brokerage firm, announced late last week that it suffered an intrusion by cyber hackers who stole client contact information of 4.6 million customers. The intrusion occurred between late 2013 and early...more

The Court of Justice of the European Union Sinks the Safe Harbor Program

The End of Safe Harbor - In a decision that could significantly impact those doing business in the United States and Europe, the European Union's highest court ruled on October 6, 2015, that the U.S.-E.U. Safe Harbor...more

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