Proskauer - Privacy & Data Security

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Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad…more
| Antitrust & Trade Regulation, Communications & Media Law, Consumer Protection, Privacy

A Primer on EMV Technology for Merchants

With the new year just around the corner, retailers should make a resolution to learn more about EMV technology. That’s because 2015 is slated to be the year EMV technology makes significant inroads in the United States, and…more
| Commercial Law & Contracts, Finance & Banking, Privacy, Science, Computers, & Technology

From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a…more
| Civil Procedure, Communications & Media Law, Privacy, Science, Computers, & Technology

Attention Retailers: Target Data Breach Ruling Finds Duty Owed to Issuer Banks

The Court hearing the Target data security breach litigation issued a ruling on December 2, 2014, largely denying Target’s motion to dismiss the Consolidated Amended Class Action Complaint in the Financial Institutions Cases. In…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

European DPA’s Give Privacy Recommendations to Stakeholders Regarding the “Internet of Things”

The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion on data privacy issues surrounding the development of the “Internet of Things” (IoT),…more
| Commercial Law & Contracts, Privacy, International Law & Trade, Science, Computers, & Technology

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

FCC Confirms Solicited Fax Ads Must Include An Opt-Out

Last Thursday the Federal Communications Commission (FCC) issued an order confirming that companies must include opt-out instructions on all fax ads, even for recipients who previously agreed to receive a fax from the company…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

FCC: The New Data Security Sheriff In Town

Data security seems to make headlines nearly every week, but last Friday, a new player entered the ring. The Federal Communications Commission (“FCC”) took its first foray into the regulation of data security, an area that has…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

New Jersey bill to prohibit unsolicited text message advertisements pending Governor signature

A New Jersey bill which prohibits unwanted text message advertisements has been sent to the Governor for final consideration. A. 617, which passed unanimously in the Assembly June 26 and in the Senate Sept. 22, if signed into…more
| Communications & Media Law, Consumer Protection, Privacy

California Updates State Breach Notification Law, Expands Security Procedures to Entities that “Maintain” Personal Information

On September 30, 2014, California took further steps to protect the personal information of its residents by amending several sections of its breach notification and information security laws (Cal. Civ. Code §§ 1798.81.5,…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Fiduciary Access to Digital Assets and Accounts

Traditionally, a person’s most valuable assets to be distributed upon death consisted of tangible items such as real property, cash, jewelry and personal effects of sentimental value like photographs and letters. However, the…more
| Communications & Media Law, Science, Computers, & Technology, Wills, Trusts, & Estate Planning

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

California Breaks New Ground in Education Privacy Law with K-12 Student Data Privacy Bill

A substantial rise in schools’ use of online educational technology products has caused educators to become increasingly reliant on these products to develop their curricula, deliver materials to students in real time, and…more
| Education, Privacy, Science, Computers, & Technology

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

In Flight Catalog: Senator Rockefeller Opens Inquiry Into Consumer Data Practices by Airlines

Last week, Senator Jay Rockefeller (D-W.Va.) sent a letter to the top ten revenue generating passenger airlines in the United States, opening an inquiry into their practices related to charging additional fees for optional…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology, Transportation
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