New EU Regulation to Strengthen the Free Movement of Data

by MoFo Tech
Contact

MoFo Tech

The European Union is close to finalizing a new regulation on the free flow of non-personal data within the EU. This is part of an EU goal to remove technical and legislative barriers to open data flows, including data location restrictions which force service providers to build expensive local infrastructures in each region or country. The EU wants to make it easier to move, share and re-use non-personal data across global markets and borders.

In this Alert, we examine the EU’s plans and consider the potentially confusing interplay between these regulations, which cover non-personal data, and the EU’s regime on personal data introduced by the General Data Protection Regulation (GDPR) in May 2018.

The European Commission launched its Digital Single Market (DSM) strategy in May 2015. We have written a number of articles following the DSM’s progress: on its inception, one year in, and in 2017 following a mid-term review. The DSM strategy consists of three “pillars” and 16 “Key Actions”.

Data-reliant technologies play an increasingly large role in Europe’s economy and, as a result, facilitation of the free movement of data across the EU has become a vital policy area. In terms of personal data, the implementation of the General Data Protection Regulation (GDPR) in 2018 resulted in far-reaching obligations for companies in the EU that collect, use or otherwise process personal data.

The Commission has now turned its attention to non-personal data, and committed itself to removing national restrictions on data flow in the hope that this will stimulate growth and establish European companies at the forefront of developing and exploiting digital technology – especially in the fields of automation, robotics, the Internet of Things (IoT), sustainable manufacturing and artificial intelligence.

Key Action 14 in the DSM involves creating a free-flow-of-data initiative. The European Commission believes that the fragmented nature of EU rules, as well as national obligations imposed by some Member States, is a barrier to the full adoption of new technology trends across the EU. To benefit fully from the potential of digital and data-reliant technologies, the EU plans to remove a series of technical and legislative barriers. The European free-flow-of-data initiative is intended to tackle restrictions on the free movement of data for reasons other than the protection of personal data within the EU, and eliminate unjustified restrictions on the location of data for storage or processing purposes.

In June 2018, the EU legislative institutions announced that they had reached agreement on a framework for the free flow of non-personal data in the European Union (the “Draft Regulation”). After its formal adoption, the Draft Regulation will become directly applicable law in all EU Member States six months after its official publication.

Top Takeaways

  1. The proposal would improve data mobility across borders by eliminating any national requirements to keep data within a particular country, and make it easier for users of data storage services to port data to different service providers.
  2. It’s questionable whether the Draft Regulation will actually produce the vast economic and other benefits claimed by the EU lawmakers. While the most likely direct effect will be the reduction of national data localization requirements imposed by Member States, this is only one of the obstacles to the free movement of data (and the actual economic effect of this single factor remains unclear). The Draft Regulation does not address many other important legal issues regarding the sharing of non-personal data, such as questions regarding data ownership or liability in an increasingly collaborative digital economy.
  3. The “vendor lock-in” effect, which was identified as another significant obstacle to the free movement of data, is addressed by the Draft Regulation. But it is dealt with in restrained fashion, through the concept of self-regulatory codes of conduct for providers of data processing services. So providers offering data processing services in the EU might want to participate in the standard-setting process of developing self-regulatory codes of conduct as envisaged by the Draft Regulation.
  4. Data owners will need to pay attention to the guidance to be published by the Commission with regard to the interplay between the Draft Regulation and the GDPR, especially with regard to their application to mixed data sets.

Background of the New Regulation

In regulatory terms, when hearing the term “data” most people immediately think of “personal data” and, for example, how businesses can comply with the rules on the collection, processing and transfer of personal data under the GDPR, fearing the application of high penalties should they fail to do so. However, a large volume of the data upon which the worldwide data economy is built is non-personal data – such as machine data, environmental data, product and materials data, traffic data, infrastructure data and, of course, aggregated and anonymized usage data.

The digital transformation of industries in recent years, providing new technology and software with which to track and store data more efficiently, scalable storage space (in particular as result of cloud computing), and Internet access everywhere allow for the collection and processing of big data on an unprecedented scale. The number of IoT connected devices is expected to increase from 20 billion in 2017 to almost 31 billion worldwide by 2020, further adding to the volumes of data processed.

The EU legislators intend the Draft Regulation, applicable to the processing of such non-personal data, to supplement the GDPR, so that together they form a comprehensive legal framework for the free flow of data of any kind throughout the EU. “Free flow of data” means unrestricted movement of data across borders and IT systems in the EU. The European parliament (EP) considers free movement of data to be the “fifth freedom” in the single market, after the free movement of persons, goods, services and capital.

The establishment of a framework for the free movement of data is aimed at facilitating the development of an affordable, innovative and internationally competitive European data economy as part of the DSM strategy. According to the Commission, the Draft Regulation could boost EU GDP by up to €8 billion per year by bringing down costs for data services and creating greater flexibility for companies.

Specifically, the Commission has identified four types of main obstacles to data mobility within the EU, which the Draft Regulation is specifically aiming to counter:

  • Data localization requirements (requiring data to be stored within a certain Member State’s jurisdiction) imposed by Member States’ laws or administrative practices
  • The “vendor lock-in” effect, i.e., obstacles (economic, contractual or otherwise) to movement of data between different service providers
  • The lack of an overarching principle in the current complex EU legal patchwork regarding the cross-border processing of non-personal data, causing legal uncertainty
  • A lack of trust due to security risks (in particular, the risk of security breaches), causing a propensity of market players and the public sector to use localization as a default safe option.

Main Areas of Regulation

The main changes proposed by the Draft Regulation are as follows:

  • Reduction of National Data Localization Requirements. Art. 4 requires that data localization requirements in the laws or administrative practices of Member States must be eliminated, unless they are proportionate and justified on grounds of public security (or based on existing EU law). Member States are obliged to repeal any prohibited data localization requirement within 24 months after the start of application of the Draft Regulation.
  • Cross-Border Access to Data by Competent Authorities. Art. 5 and Art. 7 of the Draft Regulation establish a general cooperation procedure for the exchange of non-personal data between public authorities of different Member States in areas where no specific cooperation mechanism exists under EU law or international agreements. According to the Commission, this addresses the Member States’ main motivation for imposing data localization requirements, namely the concern of not being able to enforce local laws because of data being stored outside the respective Member State’s jurisdiction. Under the Draft Regulation, where a competent authority does not receive access to the data of a user of data processing services stored in a different Member State after requesting such access from the user, that competent authority may request assistance from such other Member States’ authorities to obtain access to such data. The original requirement that a competent authority must first exhaust “all applicable means” to obtain access to the data itself before being able to submit the cooperation request has been removed from the Draft Regulation, as it would “unnecessarily prolong the process of obtaining legitimate access to the data in question.”
  • Self-Regulatory Codes of Conduct to Facilitate Switching between Service Providers. With regard to the facilitation of data portability and easier switching of service providers, the Draft Regulation applies a self-regulatory approach. Under Art. 6, the Commission wants to “encourage and facilitate” the development of self-regulatory codes of conduct by providers. The Draft Regulation does not itself specify concrete minimum requirements but merely lists important key aspects that should be taken into account when developing the codes of conduct, such as (a) best practices for facilitating the switching of providers and porting data in a structured, commonly used and machine-readable format; and (b) minimum pre-contractual information requirements towards professional cloud users (not consumers) if such a user wants to switch to another provider or port data back to its own IT systems. The Draft Regulation sets out a timeframe of one year to develop these codes of conduct and to effectively implement them within 18 months after the publication of the Draft Regulation.
  • Transparency and Information Requirements. The Draft Regulation provides publication and information obligations for both the Commission and the Member States. The Member States’ single points of contact must provide users with general information on the Draft Regulation, including on the self-regulatory codes of conduct developed pursuant to it. Also, Member States must make the details of any national data localization requirement publicly available online via a national single information point, which they must keep up-to-date. The Commission will publish the links to such national information points on its website, along with a regularly updated consolidated list and summary of all data localization requirements of the Member States.

Selected Points of Criticism and Discussion

There are a few immediately obvious problem areas with the Draft Regulation.

  • Mixed Data Sets. The Draft Regulation clearly separates the scope of the Draft Regulation (applicable only to non-personal data) from the scope of the GDPR (applicable to personal data). Many data sets, however, will contain both personal data and non-personal data (“mixed data sets”). With regard to such mixed data sets, the Draft Regulation provides that its rules only apply to the non-personal part of a data set. Although Recital 10 clarifies that the Draft Regulation does not impose an obligation to store the different types of data separately, the question is whether affected entities will ultimately be forced to do exactly that in order to be able to clearly distinguish between their respective applicable obligations.

Although it is one of the declared goals of the Draft Regulation to provide a coherent set of rules for the free movement of both types of data, such coherency remains elusive. Take the example of data portability: while the GDPR expressly stipulates a right for data portability under certain circumstances (Art. 20 GDPR), such right does not exist under the Draft Regulation but is left for the service providers to define as part of their self-regulatory code of conduct. Another example is the extent to which data localization is permitted. Under both the Draft Regulation and the GDPR, data localization requirements are in principle prohibited. However, where the GDPR does permit data localizations for reasons other than the protection of personal data (such as under taxation or accounting laws), the Draft Regulation only permits data localization if justified on grounds of public security (or based on existing EU law). So the possibilities for data localization of non-personal data seem more restrictive than those under the GDPR.

The problem is compounded with regard to mixed data sets where non-personal data and personal data are “inextricably linked” (i.e., cannot be unbundled). While the Committee on the Internal Market and Consumer Protection (IMCO) discussed amendments to the Commission’s initial proposal for the new regulation (the “Commission’s Proposal”) whereby, in cases of such inextricable mixed data sets, only the GDPR should be applicable to the data set as a whole, the Draft Regulation merely states that, in these cases, the Draft Regulation “shall not prejudice the application” of the GDPR. This probably means that, with regard to mixed data sets where non-personal data and personal data are inextricably linked, both sets of rules apply but, in cases of conflict, the rules of the GDPR will prevail over the rules of the Draft Regulation.

The problem of mixed data sets has been identified by the EU legislators as a significant point of legal uncertainty.  So the Draft Regulation provides that the Commission shall, within six months of the publication of the Draft Regulation in the Official Journal, publish “informative guidance” on the interplay between the Draft Regulation and the GDPR, especially with regard to mixed data sets, in order to enable companies to comply with both relevant regulations.

  • Codes of Conduct. The self-regulatory approach for the facilitation of data portability and easier switching of service providers through the development of codes of conduct has faced criticism that it is ineffective. One influential EU committee suggested the need to provide at least a series of basic contractual rules, and a “blacklist” of prohibited clauses or guidelines for drafting the codes of conduct. IMCO went even further, explicitly suggesting an express right to data portability. At first, the Commission also wanted to create an explicit right on data portability; however, after two negative opinions from the Regulatory Scrutiny Board (RSB) criticizing the insufficient evidence to justify such an explicit right, the Commission opted for the self-regulatory solution. The Draft Regulation also does not stipulate any legal consequences for non-compliance with the obligation to develop codes of conduct – so one wonders what practical effect the self-regulatory solution will actually have.
  • Lack of Safeguards Regarding Cross-Border Data Access Requests. With regard to cross-border data access requests between authorities of different Member States, the Draft Regulation remains fairly vague. It simply states that the administrative cooperation mechanism can be invoked as soon as a competent authority “does not receive access to data” and that no specific cooperation mechanisms under EU law or international agreements exist. For example, no rules for the treatment of business secrets are specified. The Commission has also been criticized because the Draft Regulation is silent as to how the rule of law and fundamental rights established under the EU Charter of Fundamental Rights have to be respected during the cooperation process. The only substantive requirement established in the Commission’s Proposal (namely, a Member State’s right to refuse to cooperate with competent authorities where it would be “contrary to their public order”) was removed from the Draft Regulation. While the Draft Regulation provides that the request for access must include a written explanation by the requesting authority as to its justification and legal basis for seeking access to the data, it is unclear to what extent and in what detail the authority receiving the cooperation request has to review the written explanation.
  • Security Requirements. Despite the declared objective of reducing the propensity of market players and Member States using data localization as a practical measure for data security by enhancing trust in the security of cross-border data processing, the Draft Regulation does not contain any specific regulations on security requirements. Recitals 25 through 27 merely clarify that the respective existing legal patchwork of EU and national law should continue to apply.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© MoFo Tech | Attorney Advertising

Written by:

MoFo Tech
Contact
more
less

MoFo Tech 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.