News & Analysis as of

Google, the House of Lords and the timing of the EU Data Protection Regulation

In the Google Spain “Right to be Forgotten” case, the ECJ held that Google must remove links to a newspaper article containing properly published information about a Spanish individual on the basis that the information is no...more

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to...

As contemplated in the Newsflash in March 2014, the German Federal Ministry of Justice in June 2014 finally presented the new draft bill that allows consumer protection associations as well as trade associations to take...more

IP/IT & Media Newsletter - Issue 1/2014

In this issue: - Apps and Data Privacy – New Guidelines from the German DPAs New Developments in Cybersecurity Regulation - Refer-a-Friend Functionality on the Internet – Federal Court underpins its...more

The EU's Right to be Forgotten: Overly Burdensome?

In May earlier this year, the European Union's top court held in favor of an individual who requested that Google remove the search results associated with his name. In this particular case, a Spanish citizen requested that...more

Eye on Privacy Newsletter - July 2014

In this issue: - Proposed California Law Would Impose Data Breach Liability on Retailers and Create More Stringent Data Security Requirements for Businesses - FTC Continues Its Aggressive FCRA Enforcement and...more

Honing in on the new rules for the transfer of personal data outside of the EEA

Although no major legislative milestones for the EU Data Protection Regulation have occurred since March 2014 (see status update here), there has been some progress over the late spring and early summer of 2014. One key item...more

No news doesn’t mean it’s gone away: Timing Update for the EU Data Protection Regulation

With no major legislative milestones since the March 2014 EU Parliamentary vote endorsing the LIBE draft of the new Data Protection Legislation, observers from outside the EU might understandably wonder whether the...more

The Google Tornado: Just How Ground-Breaking Is The "Right To Be Forgotten"

The recent decision of the European Court of Justice relating to Google and the "right to be forgotten", enabling citizens from the European Union to request search engines operating in Europe to delete, or not to show,...more

Data Privacy Law in the UK, Part III: Employment Background Checks and Monitoring

In parts one and two of this series summarizing data protection law in the United Kingdom, we looked at the data protection principles to which employers must adhere in relation to obtaining, holding, or disposing of personal...more

Is There A Right To Be Forgotten? The Court of Justice of the European Union Says “Yes”.

Since Google, a web search engine provider, became a multi-billion dollar company, it has steadfastly refused to remove internet search results on a discretionary basis. In fact, Google support expressly provides that...more

EU Cloud Standardisation Guidelines

In November 2012, we wrote an Alert about the European Commission’s Communication on Cloud Computing intended, it said, to “… unleash the potential of cloud computing in Europe”. Sceptics were doubtful that the cloud...more

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...more

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

Data Privacy Law in the UK, Part I: An Introduction for U.S. Employers

The recent high-profile decision by the European Court of Justice involving Google has highlighted the existence of stringent data privacy laws in the European Union (EU). However, although the Google decision was...more

Article 29 Working Party Defends BCR-P to European Institutions

On 12 June 2014, in a letter from the Article 29 Data Protection Working Party to the President of the European Parliament, the Working Party has defended, and urged the EU institutions to discuss, Binding Corporate Rules for...more

Now You See Me, Now You Don’t

The European Union recently decided that people have a right to be forgotten. The “right to be forgotten” provides Internet users in Europe the advantage to demand the erasure, removal or deletion of sensitive personal...more

Views on ECJ Right to Be Forgotten Ruling

In a May 13 landmark ruling, the European Court of Justice held that data subjects in the European Union have the right to compel Google Inc. and other Internet search engines to remove search results linking to websites...more

In Right to Be Forgotten Proceedings, Who Represents the Public Interest?

In its newly published Fact Sheet on the Right to Be Forgotten, the European Commission has tried to dampen the negative reaction to the European Court of Justice (ECJ) Right to Be Forgotten decision by noting that the right...more

Sports, Media and Entertainment Intelligence - June 2014 (Global)

CONSUMER AND DATA PROTECTION - Italy: New rules on cookies and Internet profiling! - The Italian Data Protection Authority has issued its decision on the “simplified information notice and cookie consent”"....more

In Google Spain ‘right to be forgotten’ case, EU court looks critically at free expression defense

The European Court of Justice’s decision in the Google Spain “right to be forgotten” case isn’t just a ruling about a crazy European regulation. Commentators who brush it off on that basis, or as an anti-free-speech...more

Europe under Review: Part 8 of 8 – Individual Rights

This week we look at the last topic in our series of “back to data privacy basics”: individual rights. Rights of individuals at the heart of data protection - As we have seen over this series, the protection of...more

Could US Law Ever Recognize the “Right to Be Forgotten”?

Can there be a “Right to Be Forgotten” Law in the U.S.? The “right to be forgotten” in the online sphere has recently been protected by the European Court of Justice (ECJ), the highest court in the European Union. According...more

Google and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights

Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be...more

Impact of EU Citizens’ “Right to Be Forgotten” on U.S. Companies

The European Court of Justice (“ECJ”) recently held that Google must, under certain circumstances, provide European Union (“EU”) citizens with the right to remove information about themselves, including the list of results...more

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result...more

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