News & Analysis as of

Online Privacy: Friend or Foe to the American Public?

A recent court ruling in Europe will present new challenges to online corporations such as Google Inc. and Microsoft Corp. Not only will this directly affect their operations in the E.U., but it will also have implications...more

Google and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights

Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be...more

European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result...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

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 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

Data Protection Regulation Proposal Approved by the European Parliament

The European Parliament has finalized its version of the proposed Data Protection Regulation, which would substantially change personal data protection rules in the 31-country European Economic Area. The Parliament’s LIBE...more

European Parliament Adopts Compromise Amendments on Data Protection Regulation

Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more

EU Data Protection Regulation: Do you move data across borders? New EU amendments aim to give more individual control over...

The EU Parliament’s Civil Liberties Committee (LIBE) has approved a compromise set of amendments to the EU Data Protection Regulation that moves the Parliament’s position to the left. Two earlier proposals, from the...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

Insurance Data Protection Update

Following the publication of the new Data Protection Regulation in 2012, the DLA Piper EU Regulatory team are working closely with insurance and reinsurance clients to identify and mitigate the risk associated with the...more

Status of the Proposed EU Data Protection Regulation: Where Do We Stand?

The years 2012 and 2013 have been particularly intense for legislators and privacy professionals globally. Many countries have enacted or are in the process of enacting/updating their data protection framework. In that...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

Employers With International Operations Must Take Care to Protect Employee Data

When is the last time your company reviewed its data protection policies? If your company employs any international employees, it may have obligations under foreign laws to have specific safeguards in place....more

How EU Competition Law Applies To Data Collection Issues

The Internet has given rise to information-based businesses that create value by accumulating pools of data captured from many sources. Indeed, the collection and analysis of vast amounts of consumer data has become the...more

Potential US-EU Trade Pact May Enhance US Companies’ Ability to Monetize Digital Trade in the EU

In January 2013, President Obama announced in his State of the Union Address that the United States will begin negotiating a US-EU Transatlantic Trade and Investment Partnership later this summer. One of the key issues that...more

The Lessons of the "Street View" Imbroglio: Know What Data You Collect and Don't Collect Data You Don't Need

The unintended capture of personal data by Google Street View has resulted in a German Data Commissioner imposing a $189,000 fine on Google this Monday. As anyone who has used Google Maps at the street view level knows,...more

European Parliament Committee on Industry, Research and Energy publish opinion on the proposed General Data Protection Regulation

Following the lead of the Committee on Civil Liberties, Justice and Home Affairs (LIBE), which already released its draft report (see our prior blog), 20 February, the European Parliament Committee on Industry, Research and...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

ICO Fine Signals International Risks of Data Breaches

On January 24, 2013, the UK Data Protection Watchdog — the UK Information Commissioner's Office (ICO) — fined Sony Computer Entertainment Europe Limited £250,000 (about $400,000) for its alleged failure to implement...more

Binding Corporate Rules: a global solution for international data transfers

Transfers of personal data outside the European Union are strictly regulated by the European Data Protection Directive. In today's globalized world, it has become increasingly challenging for companies to comply with the...more

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