News & Analysis as of

Safe Harbor unverbindlich! EuGH zeigt im Datenschutz die Zähne

In seiner heute ergangenen Entscheidung (C-362/14) erklärt der EuGH, die Safe Harbor-Grundsätze bei der Datenübermittlung ins EU-Ausland seien für die nationalen Bundesdatenschutzbehörden unverbindlich. Die in der Praxis weit...more

Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure...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

Discovery Rules Continue to Evolve for Cases Involving Social Media

Your social media content is not only susceptible to hacking; it’s also susceptible to disclosure requests from civil litigants (see our Sept. 14 blog post for more details) and even prosecutors without your consent if they...more

Data Protection: EU-US Safe Harbor declared invalid by EU court

In our recent update, we reported that the Advocate General (“AG”) to the Court of Justice of the European Union (“CJEU”), the highest court in the EU, gave an opinion that “safe harbor” should be declared invalid and that...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

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

Facebook Cited in One Third of Divorce Cases

A major UK newspaper recently reported that Facebook is cited in one third of divorce filings. Facebook and other social media provide a treasure trove of information, from geo-tagging locations to proving connections between...more

Is the Safe Harbor Framework Still Safe?

On October 6, 2015, the European Court of Justice (ECJ) will issue its decision in Schrems v. Data Protection Commissioner, Case C-362/14, which may invalidate the U.S.-EU Safe Harbor Framework. The Safe Harbor Framework...more

Safe Harbor Judgment to be Delivered October 6th!

Following up on our last post from last week, the Court of Justice of the European Union (CJEU), moving at almost breakneck speed, has announced that it will be deciding the legal status of the US-EU Safe Harbor Framework on...more

Questions Remain About Social Media Privacy Rights During Workplace Investigations

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...more

FRANCHISOR 101: Franchise Systems Can Fight Online Negativity

One of today's challenges faced by franchisors and franchise systems is negative remarks posted online by a customer, ex-employee, or even a dissatisfied franchisee. Negative comments appear in sites created specifically to...more

European Court of Justice May Invalidate Safe Harbor Framework

In a landmark decision that threatens to undo the process by which American companies handle personal data flowing from the European Union, the Advocate General (AG) of the European Court of Justice (ECJ) issued an advisory...more

SEC Busts Overseas Social Media Fraud

A settled SEC enforcement action describes an alleged interesting social media fraud. Two defendants that reside in India were alleged to have been behind the fraud. According to the SEC the scheme was an online...more

Status Updates: Court nixes VPPA claim; lawyer suspended over blog posts; Facebook ‘unfriending’ cited in bullying decision

Tale of the tape. The Video Privacy Protection Act (VPPA), which requires video service providers to destroy personally identifiable information after a specified time, doesn’t provide a private right of action for plaintiffs...more

Is Safe Harbor Still Safe? U.S. Companies Face Challenges Ahead on the EU Privacy Horizon

Pursuant to European Commission Decision 2000/520, United States–based companies may freely process the personal data of European Union citizens, provided that those companies adhere to the principles and frequently asked...more

How to tackle a digital pirate

The digital advertising industry is under attack; ad blocking technologies (and their inclusion on Apple platforms) are expected to have a significant impact on revenues within the industry. However, it is websites with...more

Privacy Monday, September 28, 2015: More on US-EU Safe Harbor — what’s next?

We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more

#Retweet the #CFPB: How Social Media is Affecting Consumer Advocacy

Social media has become an integral part of our society, and now it's playing a big role in our industry, too. The Consumer Financial Protection Bureau (CFPB) is harnessing the power of Facebook and Twitter not only to create...more

EU Court: Advocate General Opinion Finds Commission’s Safe Harbor Decision Invalid

The EU-US Safe Harbor Program, facilitating the exchange of personal data between the EU and the US, has been in the limelight in recent years as it is facing challenges that may shake the very core of its existence. In...more

Safe Harbor Put Into Question!

The 1995 EU Privacy Directive 95/46/EC provides that personal data of say, employees, to third countries, like the United States, may only be done with employee consent and only where the U.S. has ensured an adequate level of...more

EU - US Personal Data Transfers - Safe Harbor Under Threat

Following a private challenge by an Austrian law student to the storage by Facebook of his personal data on servers located in the United States, the EU Advocate General (the “Advocate General”) has filed an advisory opinion...more

Safe Harbor Framework Under Stress

In a non-binding but persuasive opinion provided to the European Court of Justice, the Advocate General argued that (1) member state data protection authorities should be free to suspend data flows under the EU-US Safe Harbor...more

Data Protection: EU court advised to declare EU-US Safe Harbor invalid

In an important case involving Facebook, and instigated by an Austrian student in response to the Snowden revelations about US security agency access to mass data, the Advocate General (“AG”) to the Court of Justice of the...more

Advocate General Bot Proposes That CJEU Declare the Safe Harbor Invalid

On September 23, 2015, Advocate General Yves Bot delivered an opinion on the issue of the transfer of personal data from Facebook Ireland to Facebook USA, in light of the generalized access the National Security Agency (NSA)...more

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