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Privacy Shield: Article 29 Working Party Calls Upon the European Commission and US Authorities to Restart Discussions

On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017....more

Sears Tries to Sell FTC on Settlement Tweaks

Should the Federal Trade Commission revise its 2009 settlement with Sears involving the company’s data security practices? In an administrative complaint, the FTC alleged that Sears Holdings Management Corp. failed to...more

Intellectual Property and Technology News (Asia Pacific) December 2017

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Australia to Join APEC Cross Border Privacy Rules System

by King & Spalding on

Australia has announced that it will be joining the APEC Cross Border Privacy Rules (“CBPR”) system, a voluntary program that seeks to protect the transfer of information between APEC countries. This decision follows a...more

Second Circuit Dismisses Claims of Would-Be Ad-Blockers

On November 22, 2017, the Second Circuit in Heskiaoff v. Sling Media affirmed the dismissal of a class action complaint against Sling Media that alleged deceptive business practices in connection with Sling’s introduction of...more

Does Your U.S. Company Pull Data From European Citizens? Fall In Line with GDPR by May 2018 or Suffer Substantial Fines

by Newmeyer & Dillion LLP on

The European Union (“EU”) has enacted a strict, comprehensive framework of security regulations aimed to protect its citizens. These regulations, known as the General Data Protection Regulation (“GDPR”), provide a blueprint...more

November 2017: Asia-Pacific Litigation Update

Safe Harbors in, Ipso Facto Clauses out: A (Long Overdue) Shake Up of Australian Insolvency Laws. The federal government has this month passed a suite of insolvency reforms with the consequence of significantly elevating the...more

GDPR Update: Transfer of Personal Data (outside the EEA) (Dutch)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA). ...more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

Privacy Tip #115 – Cyber Monday Safe Online Shopping

It is estimated that we will spend $4 billion online this year, including on Cyber Monday, coming up in just a few days. With the increase in online shopping, particularly over the holidays, it is prime time for scheming...more

Forever 21 Latest Retailer to Suffer Credit Card Breach

Forever 21 has warned customers who used a credit card at any of its stores between March and October 2017 that their credit card may have been compromised....more

GDPR Update: Transfer of Personal Data (outside the EEA)

by Dentons on

In this GDPR update, we will address the transfer of personal data outside the European Economic Area (EEA)....more

The UK Data Protection Authority Clarifies the Status of the BCRs It Approves

by WilmerHale on

Brexit raises critical issues regarding the future transfer of personal data outside of the EU, not least as to the role of the UK Data Protection Authority, the Information Commissioner’s Office (“ICO”), and as to its...more

Ohio Proposes Act to Incentivize Consumer Data Security

by Benesch on

Legislation was recently introduced in Ohio encouraging businesses to take steps in protecting consumer data. Ohio Senate Bill 220, The Data Protection Act (the “Act”), provides businesses that take certain commercially...more

12 O'clock High, a Podcast on Business Leadership-Communication Skills

by Thomas Fox on

In the episode, I consider two different issues around communication skills. The first is communicating across cultural boundaries. The second is the technique of asking questions to boost leadership. One of the things most...more

FTC Seeks Public Comment on Sears’ Petition to Modify Order Regarding Software Tracking Application

by Balch & Bingham LLP on

The FTC is seeking public comment on a petition by Sear’s to reopen and modify its 2009 consent order to restrict the broad definition of “tracking application”. In 2009, the FTC issued an order settling charges that Sears...more

Proposed CFIUS Overhaul Focuses on Cybersecurity and High-Tech Sectors

by Morrison & Foerster LLP on

Recently proposed legislation would substantially overhaul current law governing the Committee on Foreign Investment in the United States (CFIUS) by dramatically expanding CFIUS’ authorities and calling for CFIUS to take...more

Terms and Conditions Land Online Trader in Difficulty in Australia

by Jones Day on

The Ruling: A computer retailer was order to pay a fine for violating the Australian Consumer Law. The Impact: Businesses must ensure that the terms and conditions in their warranty notices comply with the law, or risk an...more

Privacy Shield Gets Passing Grade

In reviewing the first year of implementation of the European Union-United States Privacy Shield, the Commission to the European Parliament and the Council declared it “adequate.”...more

The First Step to GDPR Compliance Is Reintroducing Yourself to the Individual

by NAVEX Global on

The European Union’s looming new General Data Protection Regulation will be one of the biggest GRC issues companies face in 2018. Its extraterritorial reach is sweeping, potential penalties are high, and conceivable...more

FTC Provides Guidance on Reasonable Data Security Practices (Part III of III)

by Patrick Law Group, LLC on

This is the third in a series of three articles on the FTC’s Stick with Security blog. Over the past 15 years, the Federal Trade Commission (FTC) has brought more than 60 cases against companies for unfair or deceptive...more

Second Circuit Refuses to Rehear Consent Revocation Case

In the TCPA lawsuit, Reyes v. Lincoln, filed in 2015, Reyes leased a new luxury Lincoln and provided his cell phone number in his lease application. The application included a provision that Reyes “expressly consent[ed]” to...more

GDPR and personal data breaches: what, when, who, and how?

by Dechert LLP on

What is a ‘personal data breach’? First things first, what exactly is a personal data breach? The GDPR defines it as “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised...more

The Data Report Episode 19: Data Security Regulations in China & Russia

by Bilzin Sumberg on

Module Five: International Law (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward discusses two other big players in the international data security scene, Russia and China. Jay begins by discussing...more

Building a Health App? Part 6: HIPAA and Other Privacy and Security Considerations

Consumers are increasingly turning to health apps for a variety of medical and wellness-related purposes. This has in turn caused greater amounts of data—including highly sensitive information—to flow through these apps....more

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