GDPR Guide to National Implementation: Estonia - A practical guide to national GDPR compliance requirements across the EEA

White & Case LLP
Contact

White & Case LLP[authors: Mihkel Miidla and Kaupo Lepasep, Soraine]

Estonia

In this chapter:

Q1/ Applicable legislation

Q2/ Personal data of deceased persons

Q3/ Legal bases for processing

Q4/ Consent of children

Q5/ Processing of sensitive personal data

Q6/ Data relating to criminal offences or convictions

Q7/ Exemptions

Q8/ Restrictions on data subjects’ rights

Q9/ Joint controllership

Q10/ Processor

Q11/ Data protection Impact Assessments

Q12/ Prior authorisation and public interest

Q13/ DPOs

Q14/ International data transfers

Q15/ DPAs

Q16/ Claims by not-for-profit bodies

Q17/ Administrative fines, penalties and sanctions

Q18/ Freedom of expression and information

Q19/ National identification numbers

Q20/ Processing in the context of employment

Q21/ Other material derogations

Q22/ Current legal challenges

Q23/ Enforcement

Q24/ Regulatory Guidance

Q1/ Applicable legislation

(a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation?

Old legislation has been updated in addition to new legislation being passed.

———

(b) Relevant legislation includes:

  • Personal Data Protection Act (the “PDPA”)
    • Date in force: 15 January 2019
    • Link: see here
  • Personal Data Protection Act Implementation Act
    • Date in force: 15 March 2019
    • Link: In Estonian: see here

———

(c) What is the status of national pre-GDPR data protection law?

The main pre-GDPR legislation has been repealed in full, and a number of acts containing data protection provisions have been revised.

———

Q2/ Personal data of deceased persons

Does national law make specific rules regarding the processing of personal data of deceased persons?

Estonian law provides specific rules on:

  • the validity of consent provided by deceased persons;
  • continued processing of personal data; and
  • the relevant rights of successors.

For example, the consent of the data subject remains valid for the entirety of his or her lifetime and for ten years after death, unless he or she decided otherwise. If the relevant data subject was a minor, his or her consent will be valid for his or her lifetime as well as for 20 years after death.

———

Q3/ Legal bases for processing

(a) Does national law make specific rules regarding the processing of personal data in compliance with a legal obligation?

Estonian law places various obligations on businesses regarding the processing of personal data, which vary greatly depending on the sector in which the business operates and the type of processing in which it is engaged. However, there are no general rules that depart from the GDPR with respect to the processing of personal data in compliance with a legal obligation.

———

(b) Does national law make specific rules regarding the processing of personal data for the performance of tasks carried out in the public interest?

The rules regarding the processing of personal data for the performance of tasks carried out in the public interest vary depending on the specific sector and type of processing. For example, personal data may be processed without the consent of the data subject for scientific or historical research purposes, or statistical purposes, especially if such data is pseudonymised or otherwise attributed an equivalent level of protection.

———

(c) Does national law make specific rules regarding the processing of personal data in the exercise of official authority vested in the controller?

Estonian law does not make general rules governing this issue. Specific legal obligations may apply, depending on the authority in question.

———

(d) Does national law contain criteria in addition to those listed in the GDPR, to determine whether processing for a new purpose is compatible with the purpose for which the personal data were initially collected?

There are no specific additional criteria governing this issue.

———

Q4/ Consent of children

At what age can a child give their consent to processing in relation to ISS?

13 years of age.

———

Q5/ Processing of sensitive personal data

(a) Are there any sensitive personal data which cannot be processed on the basis of a data subject’s consent?

All sensitive personal data can be processed if the data subject’s valid consent has been obtained.

———

b) Does national law contain any specific requirements regarding the processing of sensitive personal data in respect of the following:

(i) Employment, social security and/or social protection law

There are no specific rules on processing this category of data.

(ii) Substantial public interest

The rules regarding the processing of personal data for the performance of tasks carried out in the public interest vary depending on the specific sector and type of processing. For example, insurance companies are permitted to process health data where doing so is required for the purposes of the insurance contract.

(iii) Preventative or occupational medicine; employee working capacity, medical diagnosis, provision of health or social care, or management of health or social care systems or services

There are several rules regarding processing of health data for these purposes. For example:

  • employers and health care providers are permitted to retain medical records and examinations of employees in certain circumstances; and
  • there are specific requirements for the processing of personal data by health care providers, including for the purposes of planning the provision of health services in the absence of a binding contract (preventative medicine).

(iv) Public interest in the area of public health

Health data may be recorded in the Communicable Diseases Register, which is maintained for the purposes of recording cases of communicable diseases, determining their tendencies to spread, preventing communicable diseases, organising the control and health services, developing the health policy, etc. Personal data entered into the Communicable Diseases Register may be preserved indefinitely.

(v) Archiving purposes, scientific or historical research purposes or statistical purposes

In addition to the rules set out in Q3(b) above, if sensitive personal data are processed for scientific or historical research purposes, the relevant ethics committee must first verify compliance with the applicable provisions of the PDPA. If there is no relevant ethics committee, compliance with those requirements must be verified by the DPA. For any personal data retained at the National Archives, the National Archives will have the equivalent rights of the ethics committee.

———

(c) Has national law introduced any further conditions and/ or limitations with regard to the processing of genetic data, biometric data, or health data?

Estonia has introduced rules regarding the processing of genetic, biometric and health data. For example, the Human Genes Research Act sets out rules for the processing of genetic data for the purposes of genetic research and personalised medicine.

———

Q6/ Data relating to criminal offences or convictions

Under what conditions does national law permit the processing of personal data relating to criminal convictions?

In order to obtain personal data from the Criminal Records Database regarding a natural person, a valid legal basis must be provided, or the purpose of requesting the data specified, in the request for such data. All individuals have the right to obtain from the Database personal data about themselves, or information about any legal entity.

———

Q7/ Exemptions

(a) Does national law specify exemptions to a data subject’s right to erasure?

There are a number of laws that restrict the data subject’s rights. For example, the data subjects cannot rely on the right to erasure when a credit institution is processing personal data for AML, fraud prevention, risk management or other security reasons.

If personal data are processed for the purposes of archiving in the public interest, the controller or the processor may restrict the data subject’s right to erasure insofar as the exercise of these rights is likely to impede that public interest.

———

(b) Does national law specify exemptions to a data subject’s right to be provided information under Art. 14 GDPR where the personal data has not been obtained from the data subject?

A law enforcement agency may restrict the scope of the obligations and rights provided for in Art. 14 GDPR (inter alia) if:

it is necessary for the exercise of State supervision;

such a restriction respects the essence of the fundamental rights and freedoms; and

it is necessary and proportional in a democratic society.

———

(c) Does national law specify exemptions to a data subject’s right to not be subject to a decision based solely on automated processing, including profiling?

There are exceptions to the data subject’s right in several situations. For example:

  • where personal data are processed for the purposes of archiving in the public interest, scientific or historical research purposes, or statistical purposes, and the exercise of the data subject’s rights is likely to significantly impede those purposes; and
  • where the Unemployment Insurance Fund processes personal data to fulfil its statutory purposes.

———

Q8/ Restrictions on data subjects’ rights

Aside from the exemptions noted in Q7, does national law contain any other restrictions on the rights of data subjects under Chapter III GDPR?

There are various additional situations where data subjects’ rights can be restricted, for instance:

  • where personal data are processed for the purposes of archiving in the public interest, scientific or historical research purposes, or statistical purposes, insofar as the exercise of these rights is likely to make the achievement of the objectives of those purposes impossible or impedes it to a significant extent;
  • where it is necessary for the purpose of financial supervision or financial crisis prevention and resolution by the Financial Supervision Authority;
  • where a credit institution is processing personal data for AML, fraud prevention, risk management or other security reasons; and
  • where it is necessary for the exercise of State supervision and the restriction of data subjects’ rights are compatible with their fundamental rights and freedoms and such restrictions are necessary and proportionate in a democratic society.

———

Q9/ Joint controllership

Does national law provide rules or guidance on the apportionment of responsibility between joint controllers?

There are no specific rules applicable to joint controllers, but the general legal regime applicable to joint and several liability applies. The data subject may require full or partial compensation from all joint controllers, from any of them or from some of them separately. If one of them has performed the obligation in full, the other solidary obligors are not liable to the data subject. Between themselves, the joint controllers are liable for the performance of the obligation in equal shares unless otherwise provided by the law (the GDPR) or a contract (e.g., limitation of liability).

———

Q10/ Processor

In addition to the contract between controller and processor, are there any pieces of legislation which govern processing by a processor?

There are no additional pieces of legislation.

———

Q11/ Impact Assessments

Are there any circumstances in which national law requires an Impact Assessment to be carried out, where the GDPR would not otherwise require such an assessment?

Impact Assessments are only required in accordance with the provisions of the GDPR.

———

Q12/ Prior authorisation and public interest

Are there any circumstances in which national law requires controllers to consult with, or obtain prior authorisation from, the DPA in relation to processing for the performance of a task carried out by the controller in the public interest (including processing in relation to social protection and public health)?

See Q5(b)(v) above.

If analyses and studies are carried out by the executive branch of government for the purposes of policy development, the executive branch has the right to access the databases of other controllers or processors and to process the personal data therein. Before commencing the processing, the DPA is required to verify compliance with the terms and conditions set out in the PDPA, except where the objectives of the studies conducted for policy development and the scope of processing of personal data are explicitly permitted or required by the law.

———

Q13/ DPOs

(a) Does national law require controllers to appoint a DPO in circumstances other than those in Art. 37(1) GDPR?

DPOs are only mandatory in the circumstances set out in Art. 37(1) GDPR.

———

(b) Does national law impose secrecy and confidentiality obligations on DPOs and if so, in what circumstances do they apply?

DPOs are not subject to secrecy obligations under national law.

———

Q14/ International data transfers

(a) Does national law make specific rules about transfers of personal data from public registers?

Data transfers from public registers are not subject to specific rules.

———

(b) Does national law restrict the transfer of specific categories of personal data to third countries?

Data transfers are not subject to restrictions beyond those set out in the GDPR.

———

Q15/ DPAs

(a) Details of the DPA(s).

  • Name of DPA: Andmekaitse Inspektsioon
    • Address: Tatari 39, Tallinn 10134, Estonia
    • Website: aki.ee

———

(b) If more than one national DPA has been established, what is the rationale behind multiple DPAs?

Not applicable as there is only one DPA.

———

(c) How does national law ensure consistent application of the GDPR by the various DPAs in accordance with Art. 63 GDPR?

Not applicable.

———

(d) Does national law grant the relevant DPA additional powers beyond those set out in Art. 58 GDPR?

The DPA may make enquiries to electronic communications undertakings about data required for the identification of an end-user related to the identification tokens that were used on public electronic communications’ networks, except for data relating to the transmission of messages if identification of an end-user related to the identification tokens is impossible in any other manner.

———

(e) What national appeals process exists to enable parties to challenge the decisions of the DPA?

Decisions of the DPA may be challenged by filing an appeal directly with the DPA within 30 days of the date on which the data subject became aware, or ought to have become aware, of the decision. Alternatively, the decision may be appealed to an administrative court, regardless of whether an appeal has already been filed with the DPA.

———

(f) Have specific national rules been adopted regarding the DPA’s power to obtain information from controllers or processors that are subject to obligations of professional secrecy (or equivalent)?

No specific rules on this issue have been adopted in light of the GDPR. There are certain sector-specific rules that may restrict such powers.

———

Q16/ Claims by not-for-profit bodies

Does national law specify any not-for-profit bodies that are entitled to bring claims on behalf of individuals without the specific mandate of those individuals?

There are no not-for-profit bodies that are specifically mandated to bring such claims.

———

Q17/ Administrative fines, penalties and sanctions

(a) Does national law lay down rules on whether and to what extent administrative fines may be imposed on public authorities for breaches of the GDPR?

Fines in misdemeanour proceedings cannot be imposed on public authorities. Penalties in administrative proceedings cannot be imposed on state authorities.

———

(b) Does national law impose penalties/sanctions in addition to those set out in the GDPR, for breaches of the GDPR not subject to administrative fines (e.g., criminal penalties)?

As set out in the GDPR, the DPA may issue penalties of up to the greater of €20 million; or up to 4% of worldwide turnover. Financial penalties in administrative proceedings can be imposed repeatedly, until the DPA’s decision is complied with.

The following breaches are subject to potential criminal penalties:

  • the unlawful disclosure of personal data by a person subject to a confidentiality obligation arising from law;
  • the unlawful disclosure of, or the enabling of illegal access to, sensitive personal data, or data concerning the commission of or falling victim to an offence before:
    • a public court hearing;
    • making a decision in the matter of the offence;
    • termination of the court proceedings in the matter; or
  • the illegal use of another person’s identity.

———

Q18/ Freedom of expression and information

(a) What (if anything) does national law do to balance the provisions of the GDPR against the right to freedom of expression and information?

Personal data may be processed and disclosed in the media for journalistic purposes without the consent of the data subject, if it is in the public interest and in accordance with the principles of journalism ethics. Disclosure of personal data must not cause excessive damage to the rights of any data subject.

———

(b) What derogations have been introduced by national law concerning the processing of personal data for the purpose of academic, artistic or literary expression?

Personal data may be processed without the consent of the data subject for the purpose of academic, artistic and literary expression, provided it does not cause excessive damage to the rights of the data subject.

———

Q19/ National identification numbers

Does national law stipulate specific conditions for the processing of a national identification number, and if so, what are the conditions?

There are no specific provisions governing this issue.

———

Q20/ Processing in the context of employment

(a) For what purposes can employees’ personal data in the employment context be processed under national law?

The Employment Contracts Act and the Occupational Health and Safety Act provide certain specific requirements relating to the processing of health data of employees, subject to certain stricter rules (e.g., data retention rules).

———

(b) Does national law provide safeguards for employees’ dignity, legitimate interests, and fundamental rights?

There are no specific safeguards of this nature.

———

Q21/ Other material derogations

Are there any other material derogations from, or additions to, the GDPR under national law?

There are general derogations, as follows:

  • when processing personal data that have been recorded or obtained in public spaces via CCTV, and where the personal data are intended to be published, there is no need to obtain the consent of the data subjects, but there is an obligation to provide clear notice (except in the case of public events, which a reasonable person would assume will be recorded); and
  • disclosure and processing of personal data relating to a violation of an obligation is permitted for the purpose of assessing the creditworthiness of the data subject (and other similar purposes), provided the controller or the processor has verified the accuracy of the relevant personal data, has a valid legal basis for the processing and has registered the data transmission.

———

Q22/ Current legal challenges

Are there any current legal challenges (e.g., court cases or regulatory appeals) regarding the validity or operation of the national GDPR implementation law (e.g., claims that the law incorrectly applies the GDPR; claims that the law is incompatible with constitutional principles; etc.)?

There are no current legal challenges ongoing.

———

Q23/ Enforcement

Has the local DPA issued any material fines or taken any material enforcement action to date for breaches of the GDPR?

The DPA has yet to take material enforcement action for breaches of the GDPR.

———

Q24/ Regulatory Guidance

Has the DPA issued any significant guidance on the application of the GDPR or national implementation law?

The DPA has yet to issue guidance.

———

[View source.]

Written by:

White & Case LLP
Contact
more
less

White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.