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In this month's edition of our Privacy & Cybersecurity Update, we examine California's new sweeping privacy law, two U.S. agencies' report on "botnet" threats and the European Parliament's call to suspend the Privacy Shield....more
The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more
In this edition of our Privacy & Cybersecurity Update, we examine a district court ruling against Wendy's that continues a shift toward an increase in merchants' data protection responsibilities and the Article 29 Working...more
Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United States Department of Labor issued its long-awaited final rule regarding the...more
In this edition of our Privacy & Cybersecurity Update, we look at a series of recent court rulings regarding standing in privacy cases, most of which suggest plaintiffs will continue to have a difficult time establishing...more
In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more
The Privacy Shield framework is a voluntary program that provides companies with a mechanism for complying with EU data protection requirements when transferring personal data from the EU to the US. The framework is open to...more
The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for the national data-protection laws in each EU member state. The Directive states that personal data may only be transferred to...more
More than 5,000 companies had taken advantage of the now defunct U.S.-EU Safe Harbor Framework. Those companies are now considering whether to join the newly approved “Privacy Shield,” and are trying to understand the...more
In this edition of our Privacy & Cybersecurity Update, we examine the impact of Brexit on EU data protection, court rulings on cyber insurance policy exclusions and coverage gaps, recent statements from the FTC and the...more
On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of...more
In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more
Yesterday the European Commission released a draft “adequacy decision” on the protection provided by the EU-U.S. Privacy Shield together with the texts that will constitute the EU-U.S. Privacy Shield framework. Once adopted...more