EU Data Protection Laws Data Collection

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EBA publishes 2016 work programme

EBA has published its annual work programme for 2016, describing its specific activities and tasks for the coming year. EBA’s work for 2016 is defined under 34 activities in the following strategic areas...more

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

The Safe Harbor Ruling – FAQs and What Your Business Should Do Now

Overview questions - 1. I’m Safe Harbor certified and have seen news articles reporting that “Safe Harbor is invalid”. What does that mean? On 6 October, the European Court of Justice delivered a judgment which...more

Effects of Schrems Ruling on International Internal Investigations

In a recent landmark decision, Maximillian Schrems v. Data Protection Commissioner, Europe’s highest court struck down a US-EU agreement that allowed companies to move personal electronic data between the European Union and...more

CJEU Declares the EU Commission Safe Harbor Decision Invalid

On October 6, 2015, the Court of Justice of the EU (CJEU) ruled that the Safe Harbor decision from the EU Commission (Decision 2000/520) is invalid. The ruling seems more severe than the opinion rendered on September 23,...more

US Safe Harbor Not Safe from EU Court Ruling

A major European court has just pulled the rug out from under nearly 5,000 US companies, snatching away the relative business certainty of the Data Transfer Safe Harbor, and maybe the safety of standard contract clauses and...more

US-EU Safe Harbor Invalidated: What Now?

On October 6, 2015, the European Court of Justice (CJEU) invalidated the US-EU Safe Harbor framework, effective immediately. This momentous decision jeopardizes the continued flow of data from Europe to the US. As the Safe...more

Keep Calm and Data Transfer On (… mostly … for now) - M&E Cybersecurity & Data Privacy Alert

Most of you already have Twitter feeds, Facebook pages, and—the aged among you—in-boxes overflowing with news about yesterday’s decision from the European Court of Justice (“ECJ”). Some of you read each message, anxiously...more

Alert: European Commission Extends Digital Single Market Strategy with Further Consultations

The European Commission's Digital Single Market (DSM) strategy is a wide-ranging initiative aimed at creating better access for consumers and businesses to digital services across Europe (for more details see this Cooley...more

EU-US Data Transfer Safe Harbor Invalid, Rules ECJ

In a decision that is sure to have wide implications for over 4,500 US companies doing business in Europe, the European Court of Justice has just ruled that the 15 year-old data sharing arrangement known as “Safe Harbor”...more

EU U.S. Data Protection: The Safe Harbor Framework Under Attack

As a reaction to recent disclosures and revelations about the data collection and surveillance by the US government, the Safe Harbor permitting the transfer of personal information from the EU to the US is under attack, and...more

Advocate General Of ECJ Rules EU Data Protection Authorities Can Investigate Complaints About Safe Harbor Programme

Data transfers can be suspended until investigation is complete. In Maximillian Schrems v. Data Protection Commissioner (case C-362/14), the Advocate General ruled that EU data protection authorities do have powers to...more

Fines Issued for Transfer of Customer Data in an M&A Asset Deal

Recent enforcement actions by the Bavarian Data Protection Authority (DPA) [Bayerisches Landesamt für Datenschutzaufsicht] highlight the importance of severe restrictions placed on the transfer of such data, even in the...more

E-Discovery: If you can’t take the data to the tools, take the tools to the data

Today we welcome Jo Sherman, CEO, EDT Inc. to share some of her thoughts on the challenge of international investigations and data collection/analysis. Given the challenges of discovery and data collection across borders in...more

On the Death of Purpose Limitation

The latest Council version of the European General Data Protection Regulation (GDPR) provides that personal data may be further processed by the same data controller even if the further purpose is incompatible with the...more

NJ Connected Car law changes the landscape of IoT

The recent approval by New Jersey of a law on the ownership of data generated by connected cars might have an impact on the future of the Internet of Things (IoT) providing an interesting approach also for European privacy...more

IP Rights In Data Handbook - Protecting and exploiting IP in data, big data and databases internationally

In the era of Big Data, no ambitious business can afford to live without a strategy for the acquisition, protection and exploitation of the data upon which it depends. The laws enabling data to be protected and exploited are...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

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

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

The Draft EU General Data Protection Regulation: Where We Are Now and Where We Are Going

On October 25, 2013, the European Council concluded that the new Data Protection Framework should be adopted in a timely manner in order to strengthen consumer and business trust in Europe’s digital economy. The Council did,...more

New EU Cookie Guidance: Crumbs of comfort or confusion?

As many who have struggled to find a clear way to comply will know, an important change to the EU E-Privacy Directive (implemented by many EU states late 2011/2012) meant that, in summary, websites which...more

Key EU Parliament Committee Endorses Revised Draft of Data Protection Regulation

(LONDON) As widely expected, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) voted today in favor of a revised, even tougher draft of the Data Protection Regulation that will (if...more

Obtaining German Works Council Approval to Collect Employee E-Mail and Electronic Documents Using EnCase® Enterprise and EnCase®...

German companies sometimes are required to collect data for legitimate business purposes, including for compliance, to investigate malfeasance, for adjudication of claims and to protect personal data of customers from misuse....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

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