Proskauer - Privacy & Data Security

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One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer…more
| Criminal Law, Privacy, Consumer Protection, International Law & Trade, Science, Computers, & Technology

France Facilitates Implementation of Whistleblowing Systems

In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Privacy, Securities Law

Landmark Supreme Court Ruling Protects Cell Phones from Warrantless Searches

On June 25, 2014, the Supreme Court unanimously ruled that police must first obtain a warrant before searching the cell phones of arrested individuals, except in “exigent circumstances.” Chief Justice John Roberts authored the…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Singapore Issues New Regulations In Advance of Data Protection Law Entering Into Force

On July 2, 2014 Singapore’s new Personal Data Protection Act (the “PDPA” or the “Act”)) will go into force, requiring companies that have a physical presence in Singapore to comply with many new data protection obligations under…more
| Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

No Class: Hulu Users Lose Certification Motion

After a decision denying class certification last week, claims by Hulu users that their personal information was improperly disclosed to Facebook are limited to the individual named plaintiffs (at least for now, as the decision…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

Court Holds That Prior Notice is Required to Record Cell Phone Conversations

Last month, a federal district court in the Northern District of California issued an order that may affect the policies of any company that records telephone conversations with consumers. The trouble began when plaintiff…more
| Civil Procedure, Communications & Media Law, Consumer Protection, Privacy

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January…more
| Civil Procedure, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Where do we stand on the territorial scope of EU data protection law following the recent European Parliament vote?

The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of…more
| Civil Procedure, Elections & Politics, Privacy, International Law & Trade, Science, Computers, & Technology

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working…more
| Commercial Law & Contracts, Communications & Media Law, Privacy, International Law & Trade, Science, Computers, & Technology

European Union Parliament Makes Progress on Adopting Proposed EU Data Protection Regulation

On October 21, a key European parliamentary committee (the Committee on Civil Liberties, Justice and Home Affairs (“Committee”) approved an amended version of the draft EU Data Protection Regulation, paving the way for further…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

California Amends Data Breach Notification Law

On September 27, 2013, California Governor Jerry Brown signed into law an amendment to California’s breach notification law (Cal. Civ. Code § 1798.82). Effective January 1, 2014, under the amended law, the definition of…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

On the Horizon: FCC’s New Telemarketing Rules

On October 16, 2013, the Federal Communications Commission’s (“FCC”) new rule implementing the Telephone Consumer Protection Act (“TCPA”) will go into effect. These are rules with teeth, as the TCPA allows recovery of…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy

California Set to Enact New “Do Not Track” Disclosure Requirement Law for Websites

On October 3, 2013 provided that California Governor Jerry Brown does not veto an internet privacy bill in California (which he is not expected to do), a new law will be enacted that has significant repercussions for nearly…more
| Commercial Law & Contracts, Communications & Media Law, Elections & Politics, Privacy, Consumer Protection

White House Posts Preliminary Cybersecurity Incentives

In February of 2013, President Obama signed an executive order with the purpose of creating a cybersecurity framework (or set of voluntary standards and procedures) to encourage private companies that operate critical…more
| Elections & Politics, Privacy, Science, Computers, & Technology
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