News & Analysis as of

EU Data Protection Laws

Perkins Coie

12 Questions Retailers Should Ask to Avoid Ghosts of Privacy Breaches Past

by Perkins Coie on

As retailers head into the holiday shopping season, the ghosts of privacy breaches past may come to mind just as easily as the 12 days of Christmas carol! From Target to Michael’s to Neiman Marcus, retailers remember these...more

Littler

Littler Global Guide - Spain - Q3 2018

by Littler on

Urgent Data Protection Measures for GDPR Enforceability - New Order or Decree - The Spanish government has fast-tracked the approval of measures aimed at adjusting Spanish legislation to the new General Data Protection...more

Dentons

Data protection impact assessment: EDPB's opinion on the Italian draft list

by Dentons on

It is not simple to assess when a DPIA is required, whether it is mandatory or highly recommended; in particular a number of processing operations may give rise to uncertainty. The lists of the processing operations requiring...more

Hogan Lovells

Insights from EU Data Protection Regulators – Update from Munich

by Hogan Lovells on

The IAPP conference in Munich on 19 September 2018 provided important insights into the work and views of the European Data Protection Board (EDPB)....more

Robinson+Cole Data Privacy + Security Insider

Will Insurance Provide Coverage for GDPR Fines?

As many of our readers know, the General Data Protection Regulation (GDPR) imposes significant obligations and responsibilities on entities with regard to data protection and privacy for all individuals within the European...more

Alston & Bird

India’s Draft Data Protection Bill: Another GDPR Around The Corner?

by Alston & Bird on

India recently introduced the Personal Data Protection Bill 2018 (“Bill”). The transfer of personal data in India is currently governed by the SPD Rules (Sensitive Personal Data and Information, 2011), which is however...more

Kilpatrick Townsend & Stockton LLP

5 KEY TAKEAWAYS: Lessons Learned Since GDPR's Adoption on May 25th

On September 13, 2018, the International Section of the Georgia Bar sponsored a presentation entitled “EU GDPR Status Updates – Lessons Learned Since May 25th” at the Atlanta offices of Kilpatrick Townsend & Stockton LLP. The...more

Hogan Lovells

GDPR Italian Implementing Decree Has Been Published

by Hogan Lovells on

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. ...more

Foley Hoag LLP - Privacy & Data Security

Three Things Not to be Forgotten about the GDPR’s “Right to be Forgotten”

Our experience in advising clients about GDPR and assisting them in the compliance process is that there are often misconceptions about the so-called “right to be forgotten”. The purpose of this post is to address some of...more

Jones Day

Royal Decree-Law Approved to Ensure Application of GDPR in Spain

by Jones Day on

The Situation: Spain approved emergency legislation regarding data protection that mainly focuses on regulating inspection and sanctioning procedures. The Purpose: The purpose of this legislation is to allow for the correct...more

Dorsey & Whitney LLP

Claimed Failure to Disclose GDPR’s Collateral Impact Leads to Class Action Against Nielsen Holdings

by Dorsey & Whitney LLP on

In what could be a harbinger of things to come for business models negatively impacted by the throttling of data flow under the European Union’s General Data Protection Regulation (“GDPR”), Nielsen Holdings (“Nielsen”) was...more

Robinson+Cole Data Privacy + Security Insider

GDPR Awareness On The Rise as Complaints Increase

The U.K. data privacy watchdog reports that the number of complaints received since the EU’s General Data Protection Regulation (GDPR) took effect three months ago has almost doubled. ...more

Faegre Baker Daniels

International Data Transfers: EU and Japan Sign Reciprocal Agreement for Free Flow of Personal Data

by Faegre Baker Daniels on

The advent of the European Union’s General Data Protection Regulation (GDPR) has prompted other countries and regions to work to enhance their privacy regulations to meet the GDPR standards. On July 17, Japan became the...more

K&L Gates LLP

The New EU-Japan Personal Data Deal: EU and Japan to Each Recognize the Other’s Personal Data Protection System as Equivalent –...

by K&L Gates LLP on

Background - On 17 July 2018, the European Union (the “EU”) and Japan reached an agreement to recognize each other’s data protections systems as “equivalent”, and each commits to complete internal procedures by fall 2018 (the...more

Wilson Elser

U.S. Companies Still Grappling with GDPR

by Wilson Elser on

Several months after the European Union’s (EU’s) new sweeping privacy law known as the General Data Protection Regulation (GDPR) went into effect on May 25, 2018, U.S. companies are still struggling to understand the...more

Womble Bond Dickinson

Sin Eaters, Moles, and Eternal Damnation: Europe’s Quasi-Religious War Against U.S. Internet Companies

by Womble Bond Dickinson on

Throughout history, people have waged sectarian fights to protect their beliefs. The Europeans, sitting at a crossroads of two major religions charged with converting the unenlightened, have a particularly combative...more

Hogan Lovells

The General Data Protection Regulation timidly opens the doors to data class actions in Europe

by Hogan Lovells on

More than 15 years after the adoption of the Data Protection Directive, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online...more

Goulston & Storrs PC

“We’ve Updated Our Privacy Policy” - How the EU’s New Data Protection Law is Changing Data Policy Considerations for American...

by Goulston & Storrs PC on

If you have ever made an online purchase, chances are that you have received at least one email in the last month notifying you that a company’s privacy policy has changed. ...more

Locke Lord LLP

The GDPR – Some Troublesome Aspects and Misconceptions, Part I: Application of the Regulation

by Locke Lord LLP on

After much publicity, the European Union’s General Data Protection Regulation, commonly known as the GDPR, came into effect on May 25 this year. As most people now know, the GDPR does not just apply to organizations...more

Best Best & Krieger LLP

Public Agencies And GDPR Compliance - Government Entities Should Evaluate Data Collection And Use Practices

by Best Best & Krieger LLP on

The European Union’s General Data Protection Regulation (commonly known as GDPR) has broad implications that reach even local public agencies in the United States. GDPR, which took effect May 25, is a sweeping global privacy...more

Hogan Lovells

Getting to Data Nirvana: Data lakes and GDPR - A User's guide

by Hogan Lovells on

A data lake is an infrastructure that permits different data sets from within a group to be combined and analysed together. To analyse a data lake under GDPR, it is helpful to think of a data lake in two phases, which we...more

Bricker & Eckler LLP

Do I really need to worry about GDPR?

by Bricker & Eckler LLP on

A lot has been written about the European Union’s new General Data Protection Regulation (GDPR), which became effective May 25, 2018. Colleges and universities are still sorting through whether it applies to them and how it...more

Mitratech Holdings, Inc

GDPR Compliance - How Tedium Hurts Legal Innovation

by Mitratech Holdings, Inc on

The notion of GDPR compliance just took a whimsical new turn. The new rules already dictate compliance about personal data collection, use, and sharing. Now, they may help insomniacs comply with the need to catch up on their...more

Hogan Lovells

The Starting Point for a Big Data Project: The Privacy Impact Assessment

by Hogan Lovells on

The era of big data is here. Although we are yet to see its full potential, the use of big data analytics is already proving invaluable to businesses and its applications have been found in numerous and diverse...more

Dentons

GDPR: Why is it mandatory in Central America to comply with a European standard?

by Dentons on

On May 25, 2018, after years of preparation, the first community regulation for the protection of personal data, the GDPR (General Data Protection Regulation), came into force. Unlike the previous regulations, this norm is...more

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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.

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Collection of Information

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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:

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  • 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.
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  • 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).
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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.
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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.

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