Data Protection

News & Analysis as of

Collecting Information From Children In The EU: A Comparison of US Law, EU Law, and Soon-To-Be EU Law

In the United States there are relatively few restrictions on collecting information from children off-line. Efforts to collect information from children over the internet, however, are regulated by the Children’s Online...more

Swiss join the EU in reaching data transfer accord with the U.S.

Last year the U.S. Department of Commerce and the European Commission agreed on a data transfer protocol that provides a mechanism for compliance with data protection requirements when transferring personal data from the EU...more

United States And Switzerland Reach Data Transfer Agreement

On January 11, 2017, the governments of the United States and Switzerland announced that an agreement had been reached over a Privacy Shield Framework (“Privacy Shield”) that sets out how companies may transfer personal data...more

You Asked: Can My Employees Hack My Company?

Yes! Employees and other insiders – think Edward Snowden – can, and in fact, do play a role in most data breaches or cyber-security incidents. Companies must ensure their data protection policies include not only training but...more

Mapco Express pays $1.9 Million in Data Breach Settlement

A Tennessee federal judge has approved a proposed settlement of up to $1.9 million to be paid by Mapco Express to individuals affected by a payment card data breach that occurred in 2013. Two banks alleged that Mapco...more

Argentine Data Protection Authority Approves Model Clauses

The Argentine Data Protection Authority recently issued a new regulation approving two sets of model contractual clauses (controller-to-controller and controller-to-processor) for the international transfer of personal data....more

Employer Did Not Owe Legal Duty to Protect Employees' Hacked Personal and Financial Records

University of Pittsburgh Medical Center (UPMC) maintained a human resource database containing current and former employees' names, dates of birth, social security numbers, tax information, addresses, salaries, and bank...more

EU Legal Developments That May Impact Your Business in 2017

Sheppard Mullin’s EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017. These challenges may have an impact on your...more

Cybersecurity and Privacy Policy as a Board of Directors Issue

Cybersecurity and privacy of customer information have become such a critical issues that in-house counsel should treat them as board of directors-level issues. In-house counsel should do that with presentations for their...more

PII Training Required for Government Contractors, Effective Jan. 19

Beginning January 19, federal government contracts will contain additional training requirements for contractors who deal with personally identifiable information (PII) or with a system of records....more

Switzerland and the United States Agree Privacy Shield Framework

The governments of Switzerland and the United States finalised the Swiss-U.S. Privacy Shield Framework on 11 January. The Framework is similar in many respects to the EU-U.S. Privacy Shield, and replaces the U.S.-Swiss Safe...more

Outgoing Homeland Security Chief: Cyber Security Has Improved But More Work Remains to Be Done

Following an election season characterized by missing emails, private servers and personal laptops, and amidst pervasive allegations of Russian cybercrimes, outgoing Secretary of Homeland Security Jeh C. Johnson issued an...more

The Anthem Breach – A Retrospective

Many people and news outlets have opined, weighed in, and informed the public about the 2015 Anthem breach. It is still a hot topic in January 2017, because it currently lines up with other hot stories about hacking ordered...more

The New Cybersecurity Law of China: What does it Mean for the International Market?

On 7 November, the government of the People’s Republic of China passed the much-anticipated Cyber Security Law of China, which will come into force 1 June 2017. After first and second drafts were put out for public...more

Alert: New Privacy Training Requirements for Companies with Federal Government Contracts

Effective January 19, 2017, companies awarded federal government contracts will be required to ensure that their employees receive annual privacy training if those employees (1) handle personally identifiable information...more

Article 29 Working Party Identifies GDPR Implementation Priorities for 2017

In a press release published on January 16, 2017, the Article 29 Working Party (“WP 29”) has outlined its strategy for 2017 on implementation of the General Data Protection Regulation (“GDPR”). WP29’s “2017 GDPR Action...more

New EU Guidelines on Data Protection Officers

The EU's Article 29 Working Party has published new Guidelines on the role of Data Protection Officers under the General Data Protection Regulation. Data Protection Officers are seen as a cornerstone of data protection...more

EU Proposes Overhaul to Privacy and Electronic Communications

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic...more

“Primed” to Read about Data Privacy? The Sedona Conference Has a New Primer for You: eDiscovery Best Practices

The proliferation of data in our society today makes the task of protecting sensitive and private data more challenging than ever. Without a doubt, privacy and data protection laws have evolved quite a bit over the past...more

Cookies, Directories, Advertising and Personal Data: New EU Rules on Privacy in Electronic Communications

The Digital Single Market Strategy ("DSM Strategy") had, as an objective, to increase trust in and the security of digital services. In that context, the EC proposed a reform of the data protection framework across the EU,...more

Cybersecurity Incident Response: Who You Gonna Call?

Who should you call when you suspect, or are certain of, a data breach? Data breaches and other cybersecurity incidents have become of a fact of life. Yahoo! recently disclosed that data for over one billion users was...more

Maritime Cybersecurity Regulation on the Horizon

Over the past year, various institutions and organizations—both domestic and international—have shown an interest in moving the increasingly prevalent cybersecurity conversation offshore. Domestically, both Congress and...more

A Privacy Shield Replaces a Safe Harbor for the Swiss, Too

US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January. Although Switzerland is not a member of the European Union, its data...more

NY DFS Proposed Cybersecurity Regulations Revised and Implementation Delayed

We previously reported on the New York Department of Financial Services’ proposed cybersecurity regulations. During the public comment period, the DFS received over 150 comments. In response, the DFS announced on December 28,...more

Swiss-U.S. Privacy Shield Finalized

On January 11, U.S. and Swiss authorities announced final agreement on the Swiss-U.S. Privacy Shield Framework. The Framework defines standards for handling personal data exported from Switzerland to the U.S. and enables U.S....more

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