News & Analysis as of

Electronic Communications

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in...more

China’s New Rules on Cross-Border Data Transfer - PRC imposes security assessment requirement on network operators transmitting...

On April 11, 2017, the Cyberspace Administration of the People’s Republic of China (CAC) released a draft of the Measures for the Security Assessment of Personal Information and Important Data to be Transmitted Abroad (Draft...more

R-E-S-P-E-C-T in Your Workplace

by Akerman LLP - HR Defense on

Are racial issues, religious differences, and gender norms creating tension in your workplace? Are the caustic exchanges so evident in news coverage today starting to crop up in the office? Are employees complaining of...more

Canadian Government Suspends Implementation of Private Right of Action Under CASL

Our previous alert regarding changes to Canada’s Anti-Spam Legislation (“CASL”) previewed two important changes that were to come into effect as of July 1, 2017...more

Senate Considers Potential Changes to ECPA to Ease Access to Electronic Data Across Borders

Terrorist attacks, most recently in London and Manchester, England, have raised the pressure on law enforcement and lawmakers in countries like the U.K. and the U.S., to proactively intercept and interrupt terrorist...more

Nevada Passes Pro-blockchain Law

Nevada has passed a pro-blockchain law that recognizes blockchain technology as a type of electronic record for the purposes of the Uniform Electronic Transactions Act and prohibits taxation and regulations regarding the use...more

What’s Mine is Mine, and What’s Yours is (Not) Mine . . .

by Butler Snow LLP on

The Tennessee Business Court, now in Phase II of the Pilot Project continues to deal with interesting and contemporary issues. In Universal Strategy Group v. Halstead, Case No. 16-15-BC, Chancellor Lyle held, after a bench...more

Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely

by Davis Wright Tremaine LLP on

On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures,...more

Privacy Alert: Government of Canada Suspends CASL's Private Right of Action Provisions

by Field Law on

By Order in Council dated June 7, 2017, the federal government suspended the coming into force of the private right of action provisions under Canada’s Anti-Spam legislation (CASL), “in response to broad-based concerns raised...more

Anti-Spam Legislation’s Private Right of Action Suspended

by Smart & Biggar on

In a news release on June 7, the Government announced that it was suspending the implementation of the “private right of action” provisions in Canada’s anti-spam legislation (CASL), in response to broad-based concerns raised...more

Senate Subcommittee Holds Hearing On Cross-Border Data Warrants

by King & Spalding on

On May 24, 2017, the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism held a hearing on issues related to warrants for data stored abroad by U.S. entities and possible reforms of the Electronic Communications...more

Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communications in Investigations

by King & Spalding on

Experienced practitioners know that the purpose of the attorney-client privilege is to protect the confidentiality of client communications. Thus, as company policies that allow monitoring of emails or provide third party...more

Banking fraud The power of well drafted account opening documents in the age of e-mail

by Dentons on

When a banking customer falls victim to a fraud on his or her account, the bank that unknowingly facilitated the fraud may be faced with the question of whether it acted with sufficient care to prevent it. The decision of the...more

Colorado Division of Securities Publishes Final Cybersecurity Rules

by Ballard Spahr LLP on

The Colorado Division of Securities (Division) has published final cybersecurity rules applicable to broker-dealers and investment advisers. The Colorado Attorney General's office has 20 days to write an opinion on the rules,...more

ABA Encourages Encryption of Emails When Transmitting Confidential Client Information

by Seyfarth Shaw LLP on

In a recent formal Ethics Opinion, the American Bar Association stressed that lawyers must make reasonable efforts to prevent inadvertent or unauthorized access to confidential information relating to the representation of...more

Sorting out the Truth About the Right to Disconnect in France

by Littler on

Introduced on August 8, 2016 and effective since January 1, 2017, the “El Khomri law” (named after the French Labor Minister) or “loi travail” granted employees in France the "right to disconnect" from digital devices....more

ABA Issues Opinion on Use of Email for Lawyers

On May 11, 2017, The American Bar Association (ABA) updated its 1999 opinion regarding lawyers’ use of email for communication. Although many state bar associations have issued opinions on electronic communications and the...more

NASAA adopts statement of policy to usher in e-delivery and e-signature for non-traded offerings

by DLA Piper on

Under an initiative approved last week by the membership of the North American Securities Administrators Association (NASAA), sponsors, issuers, broker-dealers and others involved in the offer and sale of shares of non-traded...more

New Canada Anti-Spam Rules Take Effect July 1 – Additional Teeth Behind New Rules

Organizations that do business in Canada should be aware of key changes coming to Canada’s Anti-Spam Legislation (“CASL”). Beginning July 1, 2017, CASL will place stricter conditions on how companies can market their services...more

ABA Issues New Guidance on Safeguarding Electronic Communications

by Holland & Knight LLP on

In a significant opinion published on May 11, 2017, the American Bar Association's (ABA) Standing Committee on Ethics and Professional Responsibility provided additional guidance on a lawyer's obligations to protect client...more

A new dawn? Revised Telecoms Code receives Royal Asset

by Hogan Lovells on

In the sweep-up sessions just before Parliament was dissolved earlier this month, the Digital Economy Act 2017 received Royal Assent. The Act, once brought into force, includes a new Electronic Communications Code. What is it...more

Update On FINRA Regulatory and Examination Priorities

by Bass, Berry & Sims PLC on

In January, FINRA published its 2017 Regulatory and Examination Priorities Letter. As in years past, FINRA noted its ongoing focus on social media and electronic communications retention and supervision and firm's hiring and...more

New ABA Opinion – Attorneys Must Take Reasonable Cybersecurity Measures To Protect Client Data

by Dentons on

On May 11, 2017, the American Bar Association (ABA) issued Formal Opinion 477, making clear that a lawyer may transmit information relating to the representation of a client over the Internet without violating the Model Rules...more

Ohio’s New Laws Governing the Management of Digital Property After Death

by Reminger Co., LPA on

When Ohio House Bill 432 and Ohio Revised Code Chapter 2137 became effective on April 4, 2017, estate fiduciaries were given new tools for managing a decedent’s digital property....more

Internet Privacy – ISP Snooping and U.S. Surveillance Laws

by Pierce Atwood LLP on

It’s hard to imagine a world in which the U.S. Postal Service is permitted to peer inside our personal mail, or gather and track the address and other data we place on our mail, and then use and sell what it learns about us....more

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Cybersecurity

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