News & Analysis as of

Electronic Communications Personal Data

EDRM - Electronic Discovery Reference Model

“It Ends With Us”

In Lively v. Wayfarer Studios LLC, 2025 WL 662896 (S.D.N.Y. Feb. 28, 2025), the court granted in part and denied in part a motion to quash subpoenas issued to AT&T, Verizon, and T-Mobile (the “Wayfarer Parties”) by Ms. Blake...more

DLA Piper

Gone in a Flash: Unravelling the Mystery of Ephemeral Messaging

DLA Piper on

Imagine a modern-day meeting room in a bustling corporate office, where executives and employees alike converse in hushed tones, no notes or minutes are taken, and their words disappear almost as quickly as they are spoken....more

Dorsey & Whitney LLP

Guidance from European Data Protection Board Requires Consent for Tracking

Dorsey & Whitney LLP on

The European Data Protection Board (EDPB), a board comprised primarily of representatives of the data protection supervisory authorities of the European Union’s member states, issued surprising new guidance in mid-November...more

Troutman Pepper Locke

A Checklist for Cyber Incident Response Communications

Troutman Pepper Locke on

Popular file transfer tool MOVEit’s recent data security vulnerability prompted many businesses to communicate, internally and externally, about the impact of the incident on its business. Originally published in Law360 -...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Latham & Watkins LLP

UK Data Protection Bill: Examination of Key Provisions (Part 2)

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Areas of interest include anonymisation, “recognised legitimate interests”, and the ICO’s role. The UK Data Protection and Digital Information Bill (the Bill) sets out the government’s proposals for reforming the current...more

Latham & Watkins LLP

UK Data Protection Reform: Examining the Road Ahead

Latham & Watkins LLP on

UK government sets out ambitious proposal for reforming the UK data protection landscape. On 17 June 2022, the Department for Culture, Media and Sport (DCMS) published its response to its consultation “Data: a new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

UK Government’s Consultation on Data Protection and Privacy: Information Commissioner’s Office Issues Response

The Information Commissioner’s Office (ICO) recently released its response to the UK government consultation, ‘Data: A new direction’. The consultation was conducted by the Department for Digital, Culture, Media and Sport...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Germany’s Works Constitution Act: Important Changes to the Law Effective June 2021

The Act to Promote Works Council Elections and Works Council Activities in a Digital Working World (which is also known as the “Works Council Modernization Act” or Betriebsrätemodernisierungsgesetz) went into effect in...more

King & Spalding

Communicating with Employees through their Personal Devices

King & Spalding on

The COVID-19 pandemic has pushed employees out of the workplace in a way never experienced before. The effect often has been indiscriminate and impacted employees who traditionally do not have access to work email while...more

Eversheds Sutherland (US) LLP

Data Privacy update: The ePrivacy Regulation

On the 10 February 2021, ambassadors in the Council of the European Union Permanent Representatives Committee (COREPER) announced it had agreed a negotiating mandate on a draft ePrivacy Regulation (“the ePrivacy Regulation”)....more

Akin Gump Strauss Hauer & Feld LLP

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

Hogan Lovells

AG Says ePrivacy Applies to Government Access to Communications Data

Hogan Lovells on

On January 15, the Court of Justice of the European Union’s (CJEU) Advocate General (AG) Manuel Campos Sánchez-Bordona delivered his Opinion on four references for preliminary rulings on the topic of retention of and access...more

Hogan Lovells

Study of proposal for an ePrivacy Regulation

Hogan Lovells on

On 10 January 2017, the European Commission issued a proposal for a new ePrivacy Regulation (ePR) triggering a legislative process that is still ongoing. The proposed ePR was intended to replace the existing ePrivacy...more

Akin Gump Strauss Hauer & Feld LLP

Continuing GDPR Pressure for Adtech

Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more

Morgan Lewis

Government Requests for Data: CLOUD Act Attempts to Provide Guidance

Morgan Lewis on

On March 23, US President Donald Trump signed the omnibus spending bill, a portion of which contained the Clarifying Lawful Overseas Use of Data Act (CLOUD Act). The CLOUD Act’s main goal is to offer guidance to providers of...more

BCLP

The CLOUD Act: Broadening both U.S. and Foreign Governments’ Reach into Individuals’ Data

BCLP on

The new U.S. CLOUD Act directly addresses the very real challenges faced by law enforcement agencies in the U.S. and internationally in accessing increasingly globalized communications data and provides clarity to...more

Fisher Phillips

GDPR Compliance Collides with U.S. Law at Supreme Court

Fisher Phillips on

The EU’s General Data Protective Regulation (“GDPR”) has been a popular topic of late. Fisher Phillips’ Employment Privacy Blog has covered the evolution of this regulation, starting with the roll back of the previous “safe...more

BCLP

Teleworking in Europe and Personal Data Protection

BCLP on

The development of teleworking in Europe has increased the requirement for the protection of personal data. If those two subjects are complementary, they shall not overshadow the other aspects of working relationships’...more

Pillsbury Winthrop Shaw Pittman LLP

China’s New Rules on Cross-Border Data Transfer - PRC imposes security assessment requirement on network operators transmitting...

On April 11, 2017, the Cyberspace Administration of the People’s Republic of China (CAC) released a draft of the Measures for the Security Assessment of Personal Information and Important Data to be Transmitted Abroad (Draft...more

Hogan Lovells

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

Hogan Lovells on

On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report...more

Best Best & Krieger LLP

E-Communications on Private Accounts May Be Subject to Disclosure Under the California Public Records Act

The California Supreme Court has finally decided a question that has, for years, vexed courts, public officials, the media and citizen watchdogs: Are electronic communications — emails, voicemails and texts — on private...more

Benesch

EU Data Protection Law Subjects U.S.-Based Companies to Potentially Substantial Penalties

Benesch on

On May 25, 2018 the European Union’s General Data Protection Regulation and Regulation on Privacy and Electronic Communications (the “ePR”) will go into full force and effect. That gives companies that do business in the EU,...more

Proskauer on Privacy

Draft Privacy and Electronic Communications Regulation published by European Commission

Proskauer on Privacy on

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended...more

Hogan Lovells

New Notice and Consent Rules under Proposed EU e-Privacy Regulation

Hogan Lovells on

The European Commission has released its proposal for a new EU e-Privacy Regulation that will replace the existing e-Privacy Directive. The high level aim of the draft e-Privacy Regulation is to harmonise the specific...more

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