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The Highest Court in the European Union Strikes Down the Data Retention Directive as Invalid

In a significant move, the Court of Justice of the European Union (CJEU) has ruled that the Data Retention Directive 2006/24/EC (Directive) is invalid. This decision is expected to have wide-reaching implications for privacy...more

Article 29 Working Party issues draft model clauses processor-to-subprocessors

Recently the Article 29 Working Party, an independent advisory body composed by the representatives the EU Member States’ data protection authorities, issued a working document on draft model clauses for the international...more

Europe Under Review : Part 2 Of 8 – Data Collection

As the next in our series of “back to privacy basics”, we look the rules regarding collection and processing of personal data. As we will do throughout this series, we take a look at the current position and what is...more

New Draft Processor to Sub-processor Model Clauses (Art. 29 Working Party)

(LONDON) The Art. 29 Working Party, a key advisory body to the EU Commission, recently proposed draft model clauses to cover the transfer of personal data from EEA data processors to non-EEA sub-processors....more

EU makes waves by casting the net of neutrality

On Thursday 3 April 2014, the European Parliament voted to adopt net neutrality. The principle of net neutrality is that all data on the internet is to be treated equally, regardless of platform, application, source or user....more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

Europe Under Review: Part 1 Of 8 – Registration

Over the next few weeks we will be going back to data privacy basics in our eight part “Europe under Review” blog series. We will be comparing current data privacy laws and best practice in the UK with the proposed new state...more

Europe Under Review

Over the next few weeks we will be going back to data privacy basics. We will be comparing current data privacy laws and best practice in the EU with the proposed new state of play under the draft Data Protection Regulation....more

Eye on Privacy Newsletter - March 2014

In this issue: - Kaiser Foundation Health Plan Settles California Attorney General Charges over Delayed Data Breach Notification - Status of the EU Regulation and the Safe Harbor Framework - FTC Steps...more

EU Parliament Approves Legislation for Data-Protection Reform

On March 12, 2014, the European Parliament approved a data-protection reform bill that would, among other things, increase the maximum fine for violating the EU's data-protection laws to €100 million or 5 percent of the...more

Privacy & Cybersecurity Update - March 2014

In This Issue: - EU Parliament Cements Position on Privacy Protection Reform - EU Parliament Passes Cybersecurity Directive - SEC Holds Roundtable on Cybersecurity - EU and APEC Introduce Guide for...more

How Much Are You Willing To Pay For Privacy?

How much are you willing to pay for personal privacy? 50% off a McDonald’s hamburger? 20% off groceries? Participation in the $1 Billion NCAA Tournament Bracket Challenge?...more

2014 Sees The First Fines For Violations Of EU Cookie Laws

Much has been said about the EU "Cookie" laws introduced by an amendment to the Privacy and Electronic Communications Directive in 2011. Companies with European customers (including those in the US) have grappled with the...more

European Parliament passes the Data Protection Regulation

In a vote yesterday, the European Parliament has given its formal approval to its version of the new European Data Protection Regulation. With an approval given by 621 for, 10 against, 22 abstentions, the path is now set for...more

Progress On EU Data Privacy Reform: “Irreversible”

Today, the European Parliament voted through the new EU Data Protection reform package (621 in favour of the new Regulation and 10 against with 22 abstentions). It’s a clear endorsement of the proposals. The EU press release...more

European Privacy Reform: Council Chooses Quality Over Speed

On March 4, 2014, a policy debate was held in the European Justice and Home Affairs Council concerning the planned General Data Protection Regulation. The debate focused on several issues related to Chapters I through V of...more

Personal Data Transfers from the European Economic Area: Binding Corporate Rules Emerge as Increasingly Attractive Option

It is difficult to recall a time when the issue of personal data transfers from the European Economic Area ("EEA") has been as widely and hotly debated as it has over the past year or so. Significant movements during the past...more

Privacy: What the World Has to Say About It

Let’s face it: technology has made the world smaller. It’s no longer extraordinary for what was once termed a “mid-sized” or “regional” company to trade and outsource in foreign markets. Indeed, the Internet has made it...more

European (EU) Data Protection Law Handbook now live

This 214-page document, “Handbook on European data protection law,” looks incredibly comprehensive. It ends with 13 pages of citations to European case law on various issues....more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): Evolving Data Protection...

The worldwide expansion of data privacy laws and regulations has impacts that are being felt with increasing regularity in the litigation arena. Whenever data collections occur within foreign corporations or foreign...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

German Court Finds 25 Provisions in Google’s Online Terms of Use and Privacy Policy to Be Unenforceable

In November 2013, the Berlin District Court ruled that all of the 25 provisions in Google’s online terms of use and privacy policy that had been challenged by the German Federation of Consumer Associations (VZBV) are...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

The Online Marketer’s Guide To Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

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