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EU: new obligations for digital services providers and operators of essential services

First proposed by the European Commission in 2013, the long-awaited draft Directive on Network Information Security (the NIS Directive) was agreed upon by the European Parliament and the Council in December 2015.[1] In line...more

Data Protection in a Post-Brexit Landscape

The United Kingdom’s vote to leave the European Union coincides with a seismic change in data protection law. Once Article 50 of the Lisbon Treaty is invoked, there will be a period of two years to complete negotiations and...more

Privacy Shield Developments and UK Data Transfers Post-Brexit

With the UK’s Brexit referendum dominating the news out of Europe over the past week, it may have been easy to miss a key development in the continuing Privacy Shield negotiations. On Friday, June 24, news outlets reported...more

BREXIT – What does this mean for UK Data Protection law?

As the whole world now knows, the UK voted to leave the European Union (EU) in its historic referendum on 23rd June by a vote of 51.9 percent in favour of “leave” to 48.1 in favour of “remain”. This blog focusses on how that...more

U.S. Government Petitions to Join Data Privacy Litigation Against Facebook in Ireland

On June 13, 2016, the United States government asked the Irish High Court to be joined as amicus curiae (friend of the court) in the case brought by the Austrian privacy activist Max Schrems against Facebook attacking the use...more

In Case You Missed It: Launch Links - June 2016 #3

Some interesting links we found across the web this week: Startup spending guide: When freebies will do - Startups can benefit from free services to make their websites more efficient and user-friendly. See these...more

New Agreement on Privacy Shield Set to Become Final in Early July

On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of...more

Brexit: Potential Implications for Privacy

As a result of the June 23, 2016 historic referendum, the United Kingdom will be leaving the EU. The decision will have a profound effect on many areas, including the global economy, trade, immigration and, potentially, the...more

Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy...

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more

International Maritime Bureau warns of cyber attacks

Following the issuance of Plymouth University Maritime Cyber Threats Research Group study on the risk of cyber threats, the International Maritime Bureau (IMB) recently issued a warning to shipping and maritime companies to...more

Alert: Brexit. Privacy. What You Need to Know.

The people of the UK have voted to leave the European Union and at the moment it is fair to say that the only certainty is uncertainty for the foreseeable future. However, when it comes to data protection - there really is...more

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

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