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Labor & Employment Communications & Media Privacy

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

Is Your Company Email to Santa Protected?

by Gray Reed & McGraw on

Frazzled by the incessant demands for her company Acne Brick’s financial records from her husband’s divorce lawyer Ditcher Quick, company president Annie Acne was wondering what her next maneuver might be when her Information...more

The Rise of Smartphone-Fueled, Social-Media-Addicted Smartphone Zombies

by Shipman & Goodwin LLP on

Yesterday, I had the opportunity to speak to the IASA Northeastern Conference on a favorite topic of mine of late — Privacy and Data Breaches in the workplace. Of course, that sounds kinda of boring....more

Retail and Consumer Products Law Roundup - November 2017

Social Media, Behavior Policies Tossed by NLRB ALJ - Why it matters - Prohibiting social media activity by employees that “reflect[s] poorly” on the employer violates the National Labor Relations Act (NLRA), an...more

Supreme Court Denies Appeals of Notable Data Scraping, Computer Fraud Decisions from Ninth Circuit

This past week, the Supreme Court denied the petitions for certiorari in two noteworthy Ninth Circuit decisions that had interpreted the scope of liability under the federal Computer Fraud and Abuse Act (CFAA) in the context...more

Supreme Court Refuses to Hear Password-Sharing Case, Leaving Scope of Criminal Liability Under Computer Fraud and Abuse Act...

by Seyfarth Shaw LLP on

On Tuesday, October 10, 2017, the United States Supreme Court denied certiorari in Nosal v. United States, 16-1344. Nosal asked the Court to determine whether a person violates the Computer Fraud and Abuse Act’s prohibition...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

Retail and Consumer Products Law Roundup - September 2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

Employment Matters – UK - Snooping on Employees' Private Emails

Some of you might recall the case of Mr Barbulescu v Romania in 2016, which involved an employee (Mr Barbulescu), who sent private emails through his personal Yahoo account from an office computer. Some messages were innocent...more

Privacy of personal communications at work

by Dentons on

The Grand Chamber of the European Court of Human Rights (ECtHR) has held that the monitoring of personal messages on a work-related internet messaging account did breach the Article 8 right to privacy....more

Social media and the workplace in South Africa

by Dentons on

Big Brother is watching you: a snapshot analysis of the employee’s right to freedom of expression and right to privacy versus the employer’s right to protect against reputational and brand damage....more

European Court of Human Rights Sets New Boundaries on Monitoring Employees in the Workplace

by Faegre Baker Daniels on

The Grand Chamber of the European Court of Human Rights (ECtHR) has clarified the law surrounding the monitoring of employees’ private communications in the workplace. The decision overturns the earlier ruling of the lower...more

European Court Restricts Employer Access to Employee’s Private Communications

by Orrick - Trust Anchor on

With its recent ruling in Barbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear...more

The European Court of Human Rights sets out criteria for lawful monitoring of employees

by Ropes & Gray LLP on

On 5 September 2017, in the case of Barbulescu v Romania (Application no. 61496/08), the Grand Chamber of the European Court of Human Rights reversed a First Chamber decision and found that the Romanian courts, in reviewing...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

ECHR Ruling: Dismissal Based on Monitoring of Employee’s Communications Illegal

by Bryan Cave on

Be aware! Today’s decision of the European Court of Human Rights (“ECHR”) may force companies to rethink their policies on private internet use of their employees at work (No. 61496/08). The Straßburg court held a...more

Cyber Crime Pays! Different Attacks Have Different Values

by Miles & Stockbridge P.C. on

Cisco’s midyear report showed that CEO fraud netted cybercrime five times more money than ransomware over the last three years. CEO fraud is a scam in which cybercriminals spoof company e-mail accounts and impersonate...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

by Mintz Levin on

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

Did Data Scraping Just Get A Tiny Bit Safer?

by Dickinson Wright on

Is it okay to scrape data from another website? This is a frequently asked question that almost always leads to an ambiguous and equivocal answer. Legal practitioners are quick to point out the risks of civil and criminal...more

Companies Potentially Liable for Independent Contractors & Third-Party Vendors

by Selman Breitman LLP on

On August 9, 2017, the Ninth Circuit published an opinion analyzing the factors used to determine when a company may be liable for the actions of third parties acting as its agents in Jones v. Royal Administration Services,...more

Amendment To Japan’s Omnibus Data Protection Law Mean New Compliance Requirements For U.S. Multinational Employers With Operations...

by Littler on

Effective May 30, 2017, Japan amended its omnibus data protection law, the Personal Information Protection Act (“PIPA”), to add new compliance requirements that will have an immediate impact on many U.S. multinational...more

“Opening Clauses” and the GDPR – It Might Not Be As Easy As We Thought

by Seyfarth Shaw LLP on

The General Data Protection Regulation is coming, and along with it, a significant expectation of increased harmonization in the privacy rules across the EU. Considering the 60-plus articles which directly impose obligations...more

Organizing Data Privacy Within A Company

by Bryan Cave on

Although organizations have dealt with privacy issues for years, only in the past decade have they begun to view the complexities of privacy as requiring formal organizational structure, dedicated employees, and/or dedicated...more

The Italian Data Protection Authority restricts the monitoring of employees’ internet access and e-mail use

by Bryan Cave on

The Italian Data Protection Authority (“IDPA”) issued its first decision interpreting the amended Section 4 of the “Workers’ Bill of Rights,” concerning the monitoring of employees’ internet access and e-mail use. In...more

Banking & Financial Services E-Note - May 2017

by Burr & Forman on

Starting on Friday, May 12th, computers in countries around the world have fallen victim to the latest ransomware attack. As of May 15th, it is estimated that more than 150 countries have infected systems, totaling over...more

Health Care E-Note - May 2017

by Burr & Forman on

When a physician leaves a medical practice, especially if the physician stays in the area to compete against his/her former employer, the situation can become stressful and acrimonious. Please see full E-Note below for...more

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