Privacy Laws

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Economic Freedom, “Hong Kong Style”: Respecting Privacy And Ensuring Companies Can Resolve Disputes Efficiently

Hong Kong has always been known for its economic freedom. However, that economic freedom needs rules and protections to operate on a day-to-day basis. Recently, Hong Kong has taken bold steps forward with new rules and...more

When it Comes to Privacy Laws, California Leads the Way

California is, by far, the king of states when it comes to privacy laws. California’s constitution is one of only 10 state constitutions that contain an explicit “right to privacy,” recognizing each citizen’s “inalienable...more

To Settle Privacy Law Claims, California AG Requires Firm to Hire a Chief Privacy Officer and Assess Privacy Risks

In October 2015, California Attorney General Kamela Harris announced a settlement with Bay Area housing design startup Houzz, Inc. to resolve alleged violations of California privacy laws. According to the AG’s office, for...more

UK Information Commissioner’s Office Assesses Nuisance Calls Fines

The Information Commissioner’s Officer (“ICO”) has issued a fine of £200,000, its largest ever penalty for nuisance calls, to Home Energy & Lifestyle Management Ltd. (“HELM”), a green energy company. HELM was investigated...more

California Updates Privacy Rights with the Electronic Communications Privacy Act

Starting on New Years Day 2016, a new law will prohibit California law enforcement agencies from compelling California residents and businesses to turn over metadata or electronic communications (e.g., texts, emails,...more

California Enacts Electronic Communication Privacy Statute, Connected Television Privacy Statute

The California legislature recently enacted the California Electronic Communications Privacy Act (“CalECPA”) (Senate Bill 178), which provides greater protections against governmental searches for persons’ electronic...more

Lawful Cross-Border Transfers of Employees' Personal Data: EU Commission's Communication on the Invalidation of Safe Harbor 1.0...

In the wake of last month's landmark decision by the European Court of Justice (ECJ) invalidating the U.S.-European Union (EU) Safe Harbor framework, hundreds of U.S. multinationals, no longer able to rely on the Safe Harbor...more

California AG Settles with Houzz Regarding Recording of Calls

California Attorney General Kamala Harris reached a settlement with Houzz Inc., an online platform for home remodeling and design. The AG alleged that Houzz violated California privacy laws by recording incoming and outgoing...more

"Intellectual Property and Technology News (Asia Pacific) - November 2015

Welcome to the latest Asia Pacific Edition of Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspective,...more

Recent Amendments to Security Breach Notification Laws Further Complicate Breach Notification for Employers

It is not a matter of "if" but "when" an employer will be required to notify employees of a security breach.  Forty-seven states require employers to notify employees when defined categories of personal information, including...more

Thoughts on Supreme Court Oral Argument in Spokeo, Inc. v. Robins

Yesterday, the Supreme Court heard oral argument in Spokeo, Inc. v. Robins, No. 13-1339 (SCOTUSBlog page). The question presented is “Whether Congress may confer Article III standing upon a plaintiff who suffers no concrete...more

Brussels Regulatory Brief: September/October

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Senate passes Cybersecurity Information Sharing Act

After a long delay, with a vote of 74 to 21, the United States Senate passed the Cybersecurity Information Sharing Act (CISA) on October 27, 2015. The bill has been touted as being controversial and is opposed by...more

Blog: Implications of the Cybersecurity Bill for the Health Care Industry

On Tuesday the Senate passed the Cybersecurity Information Sharing Act (CISA). The House had passed a similar bill, the Protecting Cyber Networks Act, in April of this year. The Act comes in the wake of many large scale data...more

German Data Protection Authorities Limit Use of Alternative Data Transfer Mechanisms in Light of Safe Harbor Decision

In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more

EU safe harbor update

Last week, the Vienna Higher Regional Court ruled that most of Max Schrems’ claims against Facebook can proceed, including his claim that Facebook improperly allowed his personal information to be shared with the National...more

European Court Rules Safe Harbor Invalid

In a case now known as “Schrems,” the Court of Justice of the European Union ruled on October 6, 2015 that the EU-U.S. Safe Harbor program – which has been in place since 2000, allowing U.S. companies complying with the Safe...more

Does the Schrems Decision Open the Door to New Cyber Insurance Exclusions?

The shockwaves continue from the October 6, 2015 ruling of the Court of Justice of the European Union (CJEU), the European Union’s highest court, invalidating the U.S.-EU “Safe Harbor” data transfer regime in a controversy...more

Supreme Court Hears Oral Argument in TCPA Case Concerning “Picking Off” a Class Rep with an Offer of Judgment

On October 14, 2015, the United States Supreme Court heard oral argument in Campbell-Ewald Company v. Gomez, 14-SC-857.  The plaintiff in Gomez alleged he received an unsolicited marketing text message advertising the US Navy...more

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU...more

Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling

On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an “autodialer” under the...more

German DPAs Add Further Pressure to EU-US Data Transfers

Yesterday, German federal and state (Länder) data protection authorities ("DPAs") issued a Position Paper following the recent Court of Justice of the European Union ("CJEU") ruling that struck down the EU-US Safe Harbor...more

Whom Should You Suspend During an Internal Investigation?

Whom to suspend during any Foreign Corrupt Practices Act (FCPA) investigation is always a delicate question to answer. Unfortunately there is never an easy answer. As the Volkswagen (VW) emission-testing scandal continues to...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Statement of the Article 29 Working Party Regarding Schrems EU Court Decision

On October 16, the Article 29 Working Party (Working Party) released a statement regarding the October 6 Court of Justice of the European Union’s decision to invalidate the adequacy of the U.S.-EU data protection Safe Harbor...more

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