Proskauer - Privacy & Data Security

Tales from the (Quantum) Crypt

The dream of hack-proof communication just got a little closer to reality. On August 16, 2016, China launched the world’s first “quantum satellite,” a project the Chinese government hopes will enable it to build a communication…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

German DPA Plans to Challenge Privacy Shield

The Privacy Shield is now live, having gone into effect on August 1. Perhaps emboldened by the Article 29 Working Party’s late July announcement that European regulators will not challenge the program’s adequacy for at least a…more
| International Law & Trade, Privacy, Science, Computers, & Technology

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
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

FTC: LabMD Tests Positive for “Unfair” Security Practices

LabMD’s lack of data security measures resulted in the FTC Commission overturning an Administrative Law Judge (“ALJ”) decision that previously dismissed charges against the company in November. LabMD performed laboratory medical…more
| Administrative Law, Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Shield Adopted, But Uncertainty Remains

On July 12, 2016, the European Commission adopted the EU-US Privacy Shield, a framework designed to replace the invalidated Safe Harbor program. In theory, the Privacy Shield offers its adherents a relatively simple,…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

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
| Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

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
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

NTIA Tells UAS Operators Not to Drone On

Unmanned Aircraft Systems (UAS), more commonly known as “Drones,” are soaring in popularity – the Federal Aviation Administration saw more than 300,000 drones registered in just the first 30 days since they introduced a…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology, Transportation

Regulators Offer Guidance on Privacy and Security for Health App Developers

This month, the Federal Trade Commission (FTC) issued guidance on privacy and security best practices for health-related mobile apps, such as fitness apps connected with wearables, diet and weight loss apps, and health insurance…more
| Communications & Media Law, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Article 29 Working Party has “Strong Concerns” About Privacy Shield

On April 13, 2016, the EU’s Article 29 Working Party issued its much-anticipated statement on the viability of the proposed EU-US Privacy Shield. As we’ve detailed previously, EU and US officials reached agreement on the Privacy…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

An Overview of Turkey’s New Data Protection Law

After a decade of winding its way through the legislative process, Turkey’s new Data Protection Law entered into force on April 7. Although Turkey previously had a few sectoral data protection laws on the books, this is the…more
| Elections & Politics, Privacy, Consumer Protection, International Law & Trade, Science, Computers, & Technology

Class Actions and the Continued Significance of Arbitration Agreements

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action filings,…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting to…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Consumer Protection, Privacy

Fiduciary Access to Digital Assets and Accounts: Revised Model Statute Adopted in Oregon

Oregon became the first state to adopt the Revised Uniform Fiduciary Access to Digital Assets Act (“Revised UFADAA”) when Governor Kate Brown signed Oregon Senate Bill 1554 into law on March 3, 2016.  The law will become…more
| Communications & Media Law, Elections & Politics, Privacy, Science, Computers, & Technology, Wills, Trusts, & Estate Planning

Privacy Shield Details Released

As we previously reported, EU and US officials have reached an agreement to implement a program known as the EU-US Privacy Shield. The Privacy Shield is a successor to the US-EU Safe Harbor program, which was invalidated last…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology
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