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
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
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
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
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
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
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
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
We have heard the well-publicized stories of stolen laptops and resulting violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and we generally recognize the inherent security risks and…more
We’re all familiar with the ads that pop up on the side of our browsers, personalized to highlight things we might be interested in based on our web browsing activity…more
In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant…more
Texas recently amended its data breach notification law, Tex BC. Code Ann. § 521.053, to clarify that if a data subject is a resident of a state other than Texas that has its own breach notification law, a company that does…more
In France, the guiding principle is that emails received or sent by an employee through the employer’s company email account are considered “professional”, which means that the employer can access and read them…more
On June 20, 2013, the California Court of Appeal affirmed the dismissal of a putative class action which alleged that Chevron violated California’s Song-Beverly Credit Card Act (“Song-Beverly”) by requiring California customers…more
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