News & Analysis as of

Update from UK Information Commissioner’s Office (ICO)

Will it happen? Well, “if it looks like a duck, swims like a duck and quacks like a duck then its probably a duck”. All the indications are that the Regulation will happen. We have to assume it will. This echoes the...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

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

Important Announcement of a Key New Data Privacy Initiative

Rafi Azim-Khan, Partner and Head of Data Privacy, Europe at Pillsbury and Chair of the British American Business' Law Forum, was in Washington, DC yesterday to hear the important announcement of a key new data privacy...more

EUROPE: EU Commissioner Reding introduces her Eight Principles of Data Protection

On Data Protection Day, EU Commissioner Viviane Reding introduced the so-called “Data Protection Compact”, her 8 principles of Data Protection that should govern the way personal data is processed by the public and the...more

International Privacy - 2013 Year in Review - European Union

Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

European Commission Proposes New Ground Rules for US Safe Harbor

(LONDON) The European Commission, which has the authority to make changes to the US Safe Harbor program, has published a paper titled “Rebuilding Trust in EU-US Data Flows” that sets out the changes that the Commission would...more

Turning A Corner? The Data Protection Debate To Date

As part of the European Council conclusions of 24/25 October 2013, EU Ministers agreed that new Data Protection legislation should be adopted by 2015, rather than by the end of May 2014, as the European Parliament and the...more

EU Member State Leaders Vote to Delay Adoption of New Data Protection Framework

On October 24th, at the European Council summit in Brussels, leaders from the 28 EU member states agreed to push back the deadline for the adoption of the new EU data protection framework, agreeing that the deadline should be...more

Europe: Mobile apps rarely compliant with basic EU data protection consent rules

Mobile apps may, and frequently do, have access to a lot of personal information. This personal information can include one’s contact list, location, calendar and photos. Through social network integration, this includes...more

Spotlight On Belgium: Trends in the Legal Landscape - Issue 2, 2013

We are delighted to present you the second edition of Spotlight on Belgium, DLA Piper Belgium’s quarterly newsletter which aims to inform you about current legal developments that could affect your business. As the...more

Privacy & Cybersecurity Update: Flaming Worms, Stuxnets and Other Cyber Threats — The European Union’s Response

The media is replete with reports of a botnet onslaught paralyzing Spamhaus, flaming worms usurping strategic information in the Middle East and a stuxnet super weapon wreaking physical damage to Iran’s nuclear reactors....more

Cloud Computing: Plan For Storms

Originally Published in Canadian Corporate Counsel Association Magazine - Winter 2012. The Promise and the Challenge. Organizations are able to leverage reliable internet connectivity to access quickly scalable...more

EU Proposed Directive on Network and Information Security

On 7 February, the European Commission (EC) published an EU Cyber Security Strategy encompassing a proposed Directive on Network and Information Security (NIS Directive). The aim of the Strategy and NIS Directive is to...more

Latest EU Proposal Will Force More Companies to Disclose Data Breaches

(LONDON) The European Commission recently published a draft “Cybersecurity Directive” which aims to increase the level of preparedness across the EU to deal with threats to network and information security. The Directive...more

UK Data Protection Regulator ICO Flexes Power to Impose Fine - Sony Fined for Data Breach

Introduction - On 24 January 2013, the UK Information Commissioner’s Office (ICO) served Sony Computer Entertainment Europe Limited (“Sony”) with a monetary penalty of £250,000 following a serious breach of data security...more

New Binding Corporate Rules Now Available for Data Processors

In a further push towards “privacy by design,” the Article 29 Working Party, which is made up of representatives from the various EU data protection authorities, has recently approved the use of Binding Corporate Rules...more

The Proposed EU Data Protection Regulation One Year Later: The Albrecht Report

Originally published in "Privacy & Security Law Report" January 21, 2013. One year ago (Jan. 25, 2012), the European Commission published its proposal to reform the European Union’s (EU) legal framework for data...more

US Tech Companies May Soon be Required to Report Security Breaches to the EU

U.S. based tech companies that store data on the Internet may soon be required to report the loss or theft of personal information to the E.U. or face sanctions and fines according to legislation being proposed by the...more

The View from London: European Parliament Publishes Proposal for Revised Draft of EU Data Protection Regulation

The European Parliament recently published a report on the European Commission’s draft of a new EU Data Protection Regulation. The report, which includes the European Parliament’s proposal for a revised draft of the...more

The EU's Cloud Computing Initiative

The European Commission, in its communication titled "Unleashing the Potential of Cloud Computing in Europe," recently announced a new strategy for cloud computing in the EU. According to the statement released by the EC, the...more

From Brussels: The New EU Data Protection Regulation — Will they or won’t they? And if so, when?

Sometimes the most interesting things that emerge from conferences are whispered across the aisle just after a presentation or debated by attendees off-site over a glass or two of wine....more

Uruguay receives data protection adequacy recognition from EU Commission

The EU Commission recognised Uruguay's legal framework as providing 'adequate protection' for personal data under the EU Data Protection Directive 95/46/EC, in a decision issued on 23 August 2012 - almost two years after the...more

Europe: WP29’s BSPR document a ‘massive contribution’ to global data protection

The Article 29 Working Party (WP29) adopted – on 6 June 2012 – a Working Document 02/2012 (WP195), which describes the conditions for Binding Corporate Rules (BCRs) for data processors or Binding Safe Processor Rules (BSPRs)....more

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