The Massachusetts Attorney General’s Office (AGO) issued an announcement last week to inform consumers who may have had their personal information breached in Change Healthcare’s cyberattack this past February. The AGO was...more
In the wake of the Schrems II decision invalidating the the EU-US Privacy Shield, the US Department of Commerce has decided it should make lemonade out of the Schrems lemons. The Department recently issued a set of FAQs,...more
8/4/2020
/ Binding Corporate Rules ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more
7/17/2020
/ Corporate Counsel ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Security ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses
If you are doing business in California, the way you handle personal data could soon change in significant ways. The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, and the time to start...more
To understand GDPR, you must see the cultural gap between EU and US -
EU Data Protection Rules (aka GDPR) -
Why should you care about those rules?
• They aren’t going away: in fact, similar rules will start coming...more
Cultural gap between the EU and the US -
EU Data Protection Rules -
Why should you care about those rules?
..GDPR is « general » i.e. it applies to all activities including the Healthcare/Life Sciences.
..As of...more
Partner Colin Zick was recently invited to speak to the Union College Computer Science Department’s Seminar Series. His presentation addressed the difficulties in implementing encryption in the workplace, the challenges to...more
The new GDPR is much more detailed than the 1995 Directive. The GDPR has 99 articles, versus 34 in the Directive. And a few new key concepts clearly require new guidance....more
On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules...more
2/20/2017
/ Conflict Resolution ,
Corrective Actions ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Identity Theft ,
OCR ,
Personal Data ,
Personally Identifiable Information ,
Security Rule
In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law...more
6/7/2016
/ Cybersecurity ,
Data Protection ,
Enforcement Actions ,
EU ,
Facebook ,
Hackers ,
International Data Transfers ,
LinkedIn ,
Mark Zuckerberg ,
Personal Data ,
Privacy Umbrella ,
Ransomware ,
Social Media
As part of implementing the EU-US Privacy Shield, on February 24, 2016, President Obama signed the Judicial Redress Act (H.R.1428/S.1600). This law is designed to give EU citizens the right to sue the U.S. government for...more
In response to the announcement of the EU-U.S. Privacy Shield, the Article 29 Working Party issued its own statement, the key elements of which are as follows...more
What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly....more
2/3/2016
/ Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Press Releases ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On October 16, 2015, EU authorities gave the U.S. and European Union until the end of January 2016 6o find a replacement for the former US-EU Safe Harbor regime, or enforcement actions could begin. The full statement of the...more
10/19/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Personal Data ,
SCC ,
Schrems I & Schrems II ,
Surveillance ,
US-EU Safe Harbor Framework
The European Court of Justice has just issued a decision (ECJ 6 October 2015 Case C-362/14, Maximillian Schrems v. Data Protection Commissioner) that invalidates the so-called US-EU “Safe Harbor” system. Suddenly, what 3,500...more
10/7/2015
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Edward Snowden ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Personal Data ,
SCC ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework