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Privacy Progress Report: Key Findings From the EU-U.S. Privacy Shield's First Annual Review

by Faegre Baker Daniels on

On October 18, 2017, the EU Commission released its report of the first annual review of the EU-U.S. Privacy Shield framework. The Privacy Shield is the successor of the Safe Harbor Agreement which was invalidated by the...more

Google Requests Contempt Order For $10,000 Sanctions Per Day Against…Google: eDiscovery Case Law

by CloudNine on

Last month, we wrote that Google went 0 for 2 in August in its request for review of warrant cases related to the Stored Communications Act of 1986 (SCA) and the order to produce ESI stored internationally that is subject to...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

EC To U.S.: The (Privacy Shield) Kids Are Alright.

by McCarter & English, LLP on

The Privacy Shield agreement struck between the European Commission (“EC”) and the U.S. Department of Commerce (“Commerce”) gave the EC a right of annual review to determine if all aspects of the Privacy Shield are being...more

Connected Cars “Compliance Package” at the Forefront

by K&L Gates LLP on

On October 17, after about 18 months of waiting, a consultation involving more than 20 players, and two intermediate versions, the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or...more

2017 Security Breaches: Frequency and Severity on the Rise (Updated)

by Revision Legal on

We periodically update this post with recent data breach statistics. Now that we’re into the final quarter of 2017, it’s time to look back at the largest data breaches of 2017. This was originally published in December,...more

The Data Report Episode 18: Privacy Shield

by Bilzin Sumberg on

Module Five: International Law (Part III) In this episode of The Data Report, Litigation attorney Jay Ward discusses compliance with the GDPR requirements. Jay examines "Privacy Shield," the framework that provides a set of...more

China Data Protection Enforcement Update – A Focus on Platform Content

by McDermott Will & Emery on

Following the first enforcement actions by local authorities in Shantou and Chongqing for violations of the new Network Security Law that came into effect this year, authorities in China have recently shown a clear initial...more

GRDP Update: WP29 Guidelines adopted for Data Protection Impact Assessment

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

House of Lords Publishes Briefing on Data Protection Bill

by Reed Smith on

The House of Lords Library, which provides research and information services to Members of the House of Lords, has published a briefing on the Data Protection Bill (“Bill”) which sets out an overview of and reactions to the...more

EDPS Releases Recommendations on ePrivacy Regulation – Still a Long Way to Go

by Reed Smith on

We are only eight months away from the new EU data protection regime entering into force. In addition to the General Data Protection Regulation (“GDPR”), which includes the general data protection provisions, the ePrivacy...more

Proposal for a Regulation on the Free Flow of Non-personal Data in the EU

by Reed Smith on

The European Commission has issued a proposal for a new Regulation on the free flow of non-personal data (“the Proposal”). The Commission adopted a Communication in January 2017 on “Building a European Data Economy”, in...more

SCOTUS to Take On Microsoft Ireland Case: eDiscovery Trends

by CloudNine on

A few months ago, we reported that the Department of Justice had asked the U.S. Supreme Court to overturn that landmark appeals court decision handed down last summer in favor of Microsoft Corp. that put their company data...more

GDPR Countdown: Latham’s National Implementation Tracker

by Latham & Watkins LLP on

The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory...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

Mainbrace: October 2017 (No. 4)

by Blank Rome LLP on

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more

China's New Cybersecurity Law Brings Enforcement Crackdown

by Jones Day on

The Situation: Earlier this year, the People's Republic of China enacted its Cybersecurity Law, which granted authorities broad, explicit powers to monitor and investigate activities falling under its purview, along with the...more

New Consultations for the Interpretation of the GDPR Initiated by French Data Protection Authority on the Concepts of...

by K&L Gates LLP on

In June 2017, the Article 29 Working Party – the gathering the all Member States’ Data Protection Authorities (DPAs) – announced that the five last guidelines to be adopted as companion pieces to the General Data Protection...more

Key Regulatory Topics: Weekly Update - 6 October 2017 – 12 October 2017

by Allen & Overy LLP on

BREXIT - Uncorrected evidence relating to Brexit from House of Lords Select Committee on European Union - On 12 October, the HoL Select Committee on the EU published an uncorrected transcript of oral evidence taken from...more

What's at Stake in the Latest Landmark EU International Data Privacy Case?

by Faegre Baker Daniels on

The long-running legal challenge on the validity of transfers of personal data from the European Union reached another milestone last week. On October 3, the Irish High Court referred questions on the validity of EU Standard...more

Irish Court Casts Serious Doubt on EU Model Clauses

by McDermott Will & Emery on

The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court opinion stating that there are “well founded grounds” to find the Model Clauses...more

Validity of personal data export mechanism thrown into question

by Dechert LLP on

The Irish High Court recently asked the Court of Justice of the European Union (CJEU) to rule on the validity of “standard contractual clauses” as a basis for transferring personal data out of the European Economic Area...more

China Issues Second Draft of Cross-Border Data Transfer Guidelines

by Faegre Baker Daniels on

China has issued its second draft of cross-border data transfer guidelines for public comments, as one of a series of the implementation rules for the Cybersecurity Law of China. The “Information Security...more

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