Data Collection Data Protection

News & Analysis as of

What is reasonable? The emerging legalities of cybersecurity post-Wyndham

This month’s edition of the Advanced Cyber Security Center’s newletter includes my discussion of lessons to be learned from the Wyndham decision: Historically, security was an issue reserved in a back room for the IT...more

Judicial Redress Act Advances

In what may prove to be a major step forward in US-EU privacy relations, the House Judicial Committee approved H.R. 1428, the Judicial Redress Act of 2015, on September 16. If enacted, the bill would allow citizens of...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

Strange Bedfellows: Technology Issues in Real Estate Transactions, Part 2

This blog is the second part of a two-part series on key contracting issues with technology service providers, and the focus is specifically geared toward companies doing business in the real estate industry. As noted in Part...more

Three Things In-House Counsel Needs to Know About Russia’s New Data Localization Law

On September 1, 2015, Russia’s new law requiring data localization, Russian Federal Law No. 242-FZ (“Russia’s Data Localization Law”) became effective. Although Russia’s Data Localization Law makes multiple changes to...more

Russia’s new data law

Russia’s new Data Localisation Law went live yesterday on 1 September. Many companies with operations in Russia are scratching their heads about how to comply. The Basics - The new law applies to businesses with a...more

Data Localisation Law – clarifications published with one month to go…

Just one month before the new Data Localisation Law (‘the law’) is due to come into force, the Russian Ministry of Communications has published its long-awaited clarifications (in Russian) to the new law....more

Fines Issued for Transfer of Customer Data in an M&A Asset Deal

Recent enforcement actions by the Bavarian Data Protection Authority (DPA) [Bayerisches Landesamt für Datenschutzaufsicht] highlight the importance of severe restrictions placed on the transfer of such data, even in the...more

Update on the Russian Data Localization Law

Since the proposal of Federal Law No. 526-FZ (the Law) in December 2014, the Russian data protection regulator (Roscomnadzor) has not issued any official comments on the application of the new Law. Roscomnadzor did recently...more

The ABCs of COPPA Compliance

In today’s environment – when data breaches seem to be in the news nearly every day – the media, regulators and many others are hyper-focused on privacy issues. Schools and educational institutions are no exception when it...more

FAQ - Russia’s Data Localisation Law

What does the new law do? It introduces a requirement for personal data of Russian citizens (individuals) to be processed by data operators who collect such personal data using data centres located in the Russian...more

This Is Not Your Father's Oldsmobile: Car Hacking and the SPY Car Act

Not coincidentally, on July 21, 2015, Wired Magazine published an article with groundbreaking evidence of hacking a car wirelessly, and Senators Edward Markey (D-Mass.) and Richard Blumenthal (D-Conn.) introduced legislation...more

Data Privacy and Passenger Name Records - MEPs Approve EU Rules With Data Protection Safeguards

Draft EU rules on sharing and protecting Passenger Name Record (PNR) data of people flying to or from the EU, were approved by the Civil Liberties Committee on 15 July 2015. Once passed into law, this data will be collected...more

Don’t Sling Your Data Around in Singapore

Singapore: it is the globe’s fourth-largest financial center and the only Asian nation with a top AAA rating from the three primary credit rating agencies. But, despite its reputation as one of the most business-friendly...more

FTC Provides Data Security Guidance to Businesses Based on Lessons From Past Enforcement Actions

On June 30th, the Federal Trade Commission (FTC) published a guide titled Start With Security: A Guide for Business, providing 10 lessons learned from the over 50 enforcement actions brought by the FTC against companies that...more

E-Discovery: If you can’t take the data to the tools, take the tools to the data

Today we welcome Jo Sherman, CEO, EDT Inc. to share some of her thoughts on the challenge of international investigations and data collection/analysis. Given the challenges of discovery and data collection across borders in...more

Data Security 101 for Business – Guidance from the Federal Trade Commission

Recently the Federal Trade Commission (FTC) issued a guide, Start with Security: A Guide for Business, which pulls from lessons learned from the 50+ data security enforcement actions that the FTC has announced. To be clear,...more

The USA Freedom Act: What it Changes and (Mostly) Doesn’t for Cloud Services – And is it Really the Issue

The recent showdown over renewal of certain provisions of the USA Patriot Act (often called simply the Patriot Act) and the subsequent enactment of the USA Freedom Act have raised a number of questions about the ongoing...more

Alert: FTC Releases New Data Security Guide: 50 Mistakes to Avoid in 10 Lessons

The Federal Trade Commission (FTC) has brought over 50 cases against companies that put consumer data at unreasonable risk. On June 30, 2015, the FTC released a guide titled Start with Security that summarizes 10 lessons the...more

RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

Legislative Alert: Bill S-4, an Act to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) passed...

On June 18, 2015, Bill S-4, the Digital Privacy Act was passed by Canada’s House of Commons vote. Bill S-4 was previously passed by Canada’s Senate. The Digital Privacy Act includes important amendments to the Personal...more

New Hampshire Establishes Privacy Protections for Student Online Personal Information

California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines...more

The Internet of Things: EU vs US guidance

In its February 2015 Report on the Internet of Things (IoT), the FTC estimated that there are now 25 billion connected devices worldwide. Another more conservative report by Gartner estimates there will be 2.9 billion...more

On the Death of Purpose Limitation

The latest Council version of the European General Data Protection Regulation (GDPR) provides that personal data may be further processed by the same data controller even if the further purpose is incompatible with the...more

Advertising Law - June 2015

Fifty Years Later, Still Feeling the Impact of 1965 - In 1965, TV spots ran for 60 seconds . . . mostly in black & white. A first-class stamp cost five cents. (Remember mail?) Bonanza ruled the airwaves, while...more

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