Proskauer - Privacy & Data Security

Safe Harbor 2.0 Agreement Reached; New Program to be Named “Privacy Shield”

On February 2, 2016, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield. Privacy Shield is designed to be the successor to the Safe…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

New Safe Harbor Deal Possible by February 1

Companies anxiously watching their calendars to see if a new Safe Harbor program will be introduced before the end of January may get their wish: on January 28, 2016, a European Commission official announced that the Commission…more
| Consumer Protection, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

Baby You Can Drive My Car

Consumers can expect many benefits from their cars’ increased data collection programs, running the gamut from simple location services like GPS and OnStar to “networked” cars that can communicate their location with other cars…more
| Consumer Protection, Privacy, Science, Computers, & Technology, Transportation

An Ounce of Prevention…Is Tax-Free: IRS Expands Tax Relief to Pre-Data Breach Identity Theft Protection Services

As reported here after last year’s customer data security breaches at major U.S. corporations, the IRS announced special tax relief for identity protection services provided to individuals affected by a security breach. In…more
| Consumer Protection, Labor & Employment Law, Privacy, Science, Computers, & Technology, Taxation

Recent State Enactments Regulating Unsolicited Text Messaging Could Have Broad Implications for Companies that Communicate to Customers’ Mobile Devices

Two states – New Jersey and Connecticut – have recently imposed additional legal conditions on electronic messaging to mobile devices. In a few ways, these laws may raise the bar for companies on compliance when sending text…more
| Communications & Media Law, Consumer Protection, Elections & Politics, Privacy, Science, Computers, & Technology

A Primer on the GDPR: What You Need to Know

Now that it’s been approved by the EU Parliament’s Civil Liberties Committee, Europe’s General Data Protection Regulation (the “GDPR” or the “Regulation”) is well on its way to replacing the 20-year-old Data Protection Directive…more
| Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

GDPR Text Approved

On December, 17, 2015, following the announcement that European officials had agreed on the language of the EU’s new General Data Protection Regulation (“GDPR” or “Regulation”), the EU Parliament’s Civil Liberties Committee…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

EU Officials (Finally) Agree on New Data Protection Regulation

After nearly four years of negotiation and wrangling, European Officials announced yesterday that they had finally reached agreement on the language for the EU’s new General Data Protection Regulation (“Regulation), which will…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Laptop Security Breach Leads to $850,000 HIPAA Settlement Payout

On November 19, 2015, Lahey Hospital and Medical Center (“Lahey”) entered into an $850,000 settlement with the U.S. Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) for alleged violations of the…more
| Civil Procedure, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Polish DPA Speaks Out on Data Transfers to the U.S.

Poland’s data protection authority, the Generalny Inspektor Ochrony Danych Osobowych (GIODO), recently issued its opinion on the continued validity of personal data transfers to the US. The opinion comes at a time when nearly…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Delaware Enacts Comprehensive Online Privacy Protection Law

On January 1, 2016, the Delaware Online Privacy and Protection Act (“DOPPA”) will go into force, a law that provides strong online privacy protection for its residents. The new law targets three areas of compliance: (1)…more
| Communications & Media Law, Elections & Politics, Privacy, Consumer Protection, Science, Computers, & Technology

California Gives the Fourth Amendment a 21st Century Makeover

The average American today generates more media than they did at any other point in history, and the ease with which our communications, photos, and videos are sent and stored digitally means most of us have more media stored in…more
| Communications & Media Law, Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

The European Commission Issues Guidance on Alternative Cross-Border Data Transfer Tools

On November 6, 2015, one month after the European Court of Justice decision that invalidated the Safe Harbor framework, the European Commission (the “Commission”) issued a Communication setting forth its position on alternative…more
| Commercial Law & Contracts, Consumer Protection, Privacy, International Law & Trade, Science, Computers, & Technology

German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers

Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model contracts,…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

SEC Cybersecurity Update

Results from the SEC’s First Round of Cybersecurity Examinations - On February 3, 2015, the OCIE published a risk alert summarizing its findings from its examinations of over 100 registered investment advisers and…more
| Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology, Securities Law
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