Consent

News & Analysis as of

Requirements for valid consent – Why opting-in should not be optional

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

How to Prepare for the General Data Protection Regulation (GDPR)

The EU General Data Protection Regulation (the “GDPR”) was adopted by the EU Parliament last April 14, 2016. The GDPR will replace the EU Data Protection Directive (95/46/EC), which was implemented more than 20 years ago....more

German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized...more

Non-Compete Agreements Cannot be "Reasonable-ized" by Court--Even with the Parties' Consent

Yesterday, the Supreme Court stiffened its stern treatment of non-compete agreements. At issue in Beverage Systems was a non-compete clause that allowed the trial court to modify its geographic scope if the court determined...more

The Data Protection Directive Is Dead! Long Live the General Data Protection Regulation!

After four years of protracted discussions and negotiations, the General Data Protection Regulation (the “GDPR”) gained final approval from the European Parliament 14 April. It will enter into force 20 days after publication...more

South Korea Sharpens the Teeth of Its Privacy Law

The Act on the Promotion of Information Communication Network Utilization and Information Protection (“PICNUIA”) has been amended to include potential punitive damages for South Korean businesses that provide services over...more

Breaking News – No General Jurisdiction by Consent in Delaware

From our prior personal jurisdiction posts concerning Daimler AG v. Bauman, 134 S. Ct. 746 (2014), and the plaintiff-side dodge of “general jurisdiction by consent,” regular blog readers were aware that one of the few...more

Privacy Shield – Rejected. GDPR – Accepted: What This Means to Your Organization and What You Should Consider Doing Now

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last week, stating that although the Privacy Shield was a “great step...more

Weekly Web Wrap-Up

Friend a Bot on Facebook? Messenger Launches Business Chatbots - At Facebook’s annual developers conference F8 this week, Facebook confirmed that Messenger will allow brands and companies to build bots that interact...more

US Companies Face Increasing Privacy Challenges in Europe

In two independent and much-anticipated events, separate EU entities took actions which will continue to complicate the ability of US companies to do business in Europe. Privacy Shield Provisions Found Lacking by Working...more

Medical Malpractice and Healthcare Quarterly - Spring 2016

DELAWARE COURTS TIGHTEN EXPERT REPORT REQUIREMENTS - In a recent case, the Superior Court held that a party producing an expert report must make sure the report delineates the opinions specifically to meet the...more

Disclosure of Substance Use Disorder Records Enters the 21st Century: SAMHSA Proposes Changes to Part 2, But Do They Go Far...

Background - As many health care practitioners, health information management professionals, and health lawyers know, balancing patients’ privacy interests with the need to access accurate, up-to-date medical information can...more

SAMHSA Seeks Comment on Proposed Changes to Address Barriers to Information Sharing

The Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), is seeking comments by April 11, 2016 on a proposed rule to make significant changes to 42 CFR Part 2, the...more

What Net Neutrality Wrought: The FCC’s Proposed Broadband Privacy Rules

As previously promised in last year’s Open Internet Order, the Federal Communications Commission (FCC or the Commission) has released a Notice of Proposed Rulemaking (NPRM) seeking comment on proposed privacy requirements for...more

Information Commissioner’s Office issues updated guidance on Direct Marketing

At the end of March, the Information Commissioner’s Office (ICO) issued updated guidance on the law in relation to Direct Marketing. The ICO notes in its accompanying blog post that the law applies “equally to any and all...more

Seventh Circuit Eliminates “Consent Once Removed” Doctrine

If a business invites an employee, customer, or business associate onto its premises, has it consented to a search by government agents? Under the “consent once removed” doctrine, the answer may be yes if the invited...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

Driver Privacy Act of 2015 Addresses Privacy Concerns for Data Collected on Event Data Recorders

An event data recorder (EDR), as defined in 49 CFR section 563.5, generally means a device or function in a vehicle that records the vehicle’s dynamic time-series data during the time period just prior to or during a crash...more

Court Of Chancery Explains When A Minority Stockholder May Have Actual Control Over A Deal

This is another in a series of decisions dealing with the allegation that a minority stockholder controlled a deal through its control of a majority of the board of directors....more

New insights on the regime of the agreed termination

In France, after the signature of the agreed termination form between the employer and the employee, the parties have 15 calendar days to withdraw their consent. At the expiry of this cooling-off period, the employer or the...more

Three Point Shot - February 2016

Copyright Suit Alleges Huckabee Campaign Lacks "Eye of the Tiger" - Mike Huckabee's poor performance in the Iowa caucuses – leading to his subsequent withdrawal from the race – isn't his only concern lately....more

Breaking News - Bauman Trumps Jurisdiction By Consent in Second Circuit – and New Post-Bauman Cheat Sheet on General Personal...

It has been a little over two years since the Supreme Court issued its decision in Bauman v. AG Daimler, and, from our perspective, its impact has been significant, even earth shaking (no pun intended, and we have a San...more

#ThatPostCouldCauseALegalRoast (Are you using Instagram content illegally… without even knowing it?)

Love it or hate it, Instagram is coming to dominate the world of advertising. During Super Bowl 50, 38 million people reportedly made 155 million Super Bowl-related interactions on Instagram. ...more

What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more

What You Need to Know About the New General Data Protection Regulation (GDPR)

The EU Parliament Committee on Civil Liberties, Justice, and Home Affairs (“LIBE”) finally released the text of the long anticipated new data protection law. While the law has not formally been enacted, its adoption at this...more

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