News & Analysis as of

EU Data Protection Laws Cybersecurity

Are We Covered by the EU GDPR? A Warning for U.S.-Only Businesses

by Locke Lord LLP on

All U.S. insurers need to pay attention to the new and comprehensive EU-wide privacy law known as the General Data Protection Regulation (GDPR), which takes effect on May 25, 2018. With its greatly expanded compliance...more

Pre-Christmas Update on the ePrivacy Regulation

by Reed Smith on

The General Data Protection Regulation (“GDPR”) will enter into force 25 May 2018, and will provide new general data protection standards. In its draft ePrivacy Regulation of 10 January 2017 (“ePrivacy Regulation”), which...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Four: eDiscovery Best Practices

by CloudNine on

...In preparing for GDPR, all companies should start by doing the following: Determine Their Role Under the GDPR: Any organization that decides on why and how personal data is processed is essentially a “data controller”,...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Three: eDiscovery Best Practices

by CloudNine on

...Initial hopes were that the GDPR would promote eDiscovery cooperation between the US and Europe by standardizing data protection laws and regulations among the 31 EEA nations and the US. But instead, some sections of the...more

eDiscovery and the GDPR: Ready or Not, Here it Comes, Part Two: eDiscovery Best Practices

by CloudNine on

...The first and overriding concept to be understood in dealing with the GDPR is how the regulation defines personal and sensitive data and then to determine how those definitions relate to data held by your organization....more

Alert: GDPR: Ready or Not, Here It Comes…

by Cooley LLP on

What does the beginning of December mean to you? The start of the holiday season? Well, yes, but it also marks the start of the 6-month countdown to GDPR. Are you ready? According to the latest statistics, 86% of companies...more

eDiscovery and the GDPR: Ready or Not, Here it Comes: eDiscovery Best Practices

by CloudNine on

...Europe’s General Data Protection Regulation (GDPR) is set to take effect in less than 200 days. It is important to understand the changes this new set of regulations will impose, but it is also important to understand that...more

EU Data Protection Regulation – Are You Ready for the GDPR?

by Reed Smith on

The General Data Protection Regulation (the Regulation or GDPR) comes into effect on 25 May 2018. The Regulation is arguably the most seismic change in European Union (EU) data protection law in over 20 years and will present...more

GDPR Breach Notification Checklist

by Womble Bond Dickinson on

U.S. companies now have to consider breach notification requirements under the GDPR in addition to data breach notification laws in the U.S. (enacted by 48 states and numerous regulators). Follow our chart to determine if...more

EU Data Transfer Solutions Under Further Judicial Scrutiny – What Next For Model Contract Clauses?

The European Union Court of Justice (“CJEU”) to rule on the validity of Model Contractual Clauses (“MCCs”) following referral by the Irish High Court. The Irish High Court has “well-founded” concerns that there is no...more

GDPR - The Great Data Protection Revolution Less than 200 Days to Go

by Locke Lord LLP on

In less than 200 days, on 25 May 2018, the EU General Data Protection Regulation (“GDPR”) goes live. It is the biggest change to European data protection law in over 20 years, and will have a major impact on businesses...more

We Want Privacy by Default in E-commerce, Says the European Parliament

by K&L Gates LLP on

On 10 January 2017, the European Commission (‘Commission’) presented a proposal for a Regulation on Privacy and Electronic Communication (‘ePrivacy Proposal’). The main objective behind the proposed act is to align the...more

Article 29 Data Protection Working Party Publishes Final Guidelines on Data Protection Impact Assessments

by Reed Smith on

On 4 October 2017, the Article 29 Working Party (“WP29”) released its final guidelines on Data Protection Impact Assessments (“DPIA”), which were initially proposed in draft form in April 2017. Article 35 of the General Data...more

European General Data Protection Regulation: GDPR Compliance for U.S. Business

The General Data Protection Regulation (GDPR) was approved by the European Union (EU) in 2016 and replaces the 1995 EU Data Protection Directive 95/46/EC. Enforcement begins May 25, 2018 – including the application of heavy...more

Looming Ruling on EU Data Transfer Rules Carries Potentially Serious Implications

by Jones Day on

The Situation: The European Court of Justice ("ECJ") is to rule on the validity of EU Standard Contractual Clauses used by companies to transfer personal data outside of the European Union, at the request of Ireland's High...more

Significant WiFi vulnerability exposed

What is the problem? Belgian researchers have published information about a vulnerability in the most popular WiFi encryption protocol that makes monitoring of all communications possible, except those communications that...more

Will the EU box itself in? Fate of Standard Contractual Clauses (aka the Model Clauses) for personal data transfers is now in the...

Executive summary: The EU’s standard contractual clauses may be on the fast track to invalidation, putting a vast number of personal data transfers from the EEA at risk. A case brought by Maximilian Schrems (whose first...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Data Processor GDPR Checklist

by Womble Bond Dickinson on

A major change with the GDPR is that data processors now have direct legal obligations under EU privacy law. This is a significant shift from the current EU Directive which only directly obligates the data controllers....more

How to Use the GDPR as Your Competitive Advantage: Focus on the Carrot, Not the Stick

by Davis Wright Tremaine LLP on

Ample bandwidth has been eaten by panicky commentary over the fines possible under the EU’s upcoming General Data Protection Regulation (GDPR). Sure, the GDPR arms EU data protection authorities with a hefty compliance stick....more

New Guidance Issued by EU Data Protection Regulators – Does Your Organization Use Social Media During Recruitment?

by McGuireWoods LLP on

The Article 29 Data Protection Working Party (comprising representatives from the data protection regulators in each EU Member State, the European Data Protection Supervisor and the European Commission) has issued an opinion...more

New General Data Protection Regulations in European Union Has Cybersecurity Consequences

by Bennett Jones LLP on

The European Union’s General Data Protection Regulation (GDPR) will come into force on May 25, 2018. This new regulation replaces the current data protection law (Directive 95/46/EC) substantially and will bring important...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

GDPR Compliance Update: Which Government Authorities Have Issued Official GDPR Guidance?

This post provides an update as to the current status of official GDPR-related guidance. With a little under a year remaining until the European Union’s General Data Protection Regulation (GDPR) becomes enforceable, companies...more

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

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