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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

GDPR Breach Notification Checklist

by Womble Bond Dickinson on

U.S. companies now have to consider breach notification requirements under the GDPR in addition to data breach notification laws in the U.S. (enacted by 48 states and numerous regulators). Follow our chart to determine if...more

China Issues Rule on Security Assessment of New Technologies for Online News Services

by Faegre Baker Daniels on

China has promulgated a series of implementation rules and guidelines after the Cybersecurity Law of China took effect in June 2017. The most recent one requires that online news information service providers conduct security...more

Court Rejects DOJ’s Depiction of Google as “Willful and Contemptuous” Tactics in Ongoing Battle over SCA Search Warrant

A federal judge in California has agreed to hold Google in contempt for not following his order to turn over data stored overseas. The order is largely symbolic, however, since a contempt order is required for Google to...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely - November 2017

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: the formal withdrawal of the United States from the EITI; the...more

European Commission Releases Privacy Shield Annual Report

by Morgan Lewis on

In a positive development for companies relying on transatlantic data transfers, the European Commission (the Commission) recently announced that one year into the program, the EU-US Privacy Shield framework is functioning as...more

WP29 Issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

by Alston & Bird on

On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”). European Union...more

Article 29 Working Party Publishes Guidelines on Automated Individual Decision Making and Profiling

by Reed Smith on

On 17 October 2017, the Article 29 Working Party (“Art 29 WP”) published draft guidelines on automated individual decision-making and profiling (“Guidelines”). In the Guidelines, the Art 29 WP states that profiling and...more

Location, Location, Location: Microsoft Debate Over Government’s Access to Overseas Data Heads to the Supreme Court

On October 16, 2017, the Supreme Court agreed to review the Second Circuit’s decision in United States v. Microsoft Corp., a case that highlights the current tension between law enforcement needs and privacy concerns in a...more

Article 29 Working Party Issues Guidance on Breach-Notification Obligations under GDPR

by Ballard Spahr LLP on

The Article 29 Working Party (WP29) recently issued guidelines regarding data controllers' notification obligations following security breaches involving the personal data of EU citizens....more

Key GDPR Guidance on Behavioral Advertising, Profiling and Automated Decision-Making

Spoiler Alert: Behavioral advertising companies will find some bad news in the guidance. The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European...more

European General Data Protection Regulation: GDPR Compliance for U.S. Business

The General Data Protection Regulation (GDPR) was approved by the European Union (EU) in 2016 and replaces the 1995 EU Data Protection Directive 95/46/EC. Enforcement begins May 25, 2018 – including the application of heavy...more

Data Privacy + Cybersecurity Insider - October 2017 #3

by Robinson & Cole LLP on

Security researchers this week have found a new vulnerability that affects Wi-Fi Protected Access II, also known as WPA2, which is the security protocol used by many wireless networks. The vulnerability, Key Reinstallation...more

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

by Hogan Lovells on

Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas. ...more

European Commission Publishes the Results of its First Annual Review on the Functioning of the EU-US Privacy Shield

by WilmerHale on

On October 18, 2017, the EU Commission (“Commission”) published its report and other working documents (“Report”) on its first annual review of the EU-US Privacy Shield Framework (“Privacy Shield”). The Report summarizes that...more

Should we regulate artificial intelligence?

by Hogan Lovells on

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks....more

Certiorari Grant This Week on Email Providers Served with Warrant for Emails

by Dorsey & Whitney LLP on

The Internet has not only become a backbone for social and business commerce, but, it has become a vehicle to pursue nefarious purposes. Law enforcement and intelligence agencies, believing that material evidence is located...more

Supreme Court to Hear Microsoft Emails Case

In an order issued on October 16, 2017, the U.S. Supreme Court granted certiorari in United States v. Microsoft Corporation, a case with potentially far-reaching implications for the privacy of electronic data maintained by...more

Automated Decision-Making Under the GDPR – A Right for Individuals or A Prohibition for Controllers?

by Hogan Lovells on

The complexity of the EU General Data Protection Regulation (“GDPR”) is often alleviated by the guidance of regulatory authorities who contribute their practical interpretation of the black letter of the law and provide...more

Justices to Hear DOJ Appeal on Microsoft Ruling: Is Email Stored Abroad Subject to a U.S. Warrant?

The Supreme Court is poised to finally answer the question that’s been plaguing federal courts across the country: must U.S. tech companies comply with warrants issued under the Stored Communications Act (“SCA”) that demand...more

U.S. Treasury Warns Financial Institutions of Venezuelan Corruption and Money Laundering

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Department of the Treasury issued an advisory on September 20 warning U.S. financial institutions of “money laundering schemes used by corrupt Venezuelan...more

The Morning Risk Report: Data-Transfer Case Creates New Uncertainty

Tim Toohey was quoted in a October 5, 2017, Wall Street Journal article written by Ben DiPietro discussing the decision by Ireland's High Court to refer a data-transfer case involving Safe Harbor and Privacy Shield to the...more

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Changes in the protection of employment related personal data

by Dentons on

On 14 September 2017, long-awaited drafts of new laws adjusting the provisions of Polish law to the Regulation (EU) 2016/679 – General Data Protection Regulation (“GDPR”), which will take effect on 25 May 2018....more

When 2017 Becomes 1984: Facial Recognition Technologies - Face a Growing Legal Landscape

by Patrick Law Group, LLC on

Recently, Stanford University professor and researcher Michal Kosinski caused a stir of epic proportions and conjured up visions of George Orwell’s 1984 in the artificial intelligence (AI) community. Kosinski posited that...more

To Be Cyber Secure – May Not Mean You Are Export Secure

Ensuring that technical data is compliant with both export regulations and cybersecurity requires an understanding of what export controlled technical data/technology relate to and how they work together. The two major export...more

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