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|The Changing Landscape of Cross Border Data Transfers|
Bryce Dillon, Robert P. Kinghan; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 26, 2015, previously published on October 19, 2015On October 6, 2015, the European Court of Justice (“ECJ”) ruled that the Safe Harbor Framework, an arrangement which allowed the exchange of personal data among European and American companies, was invalid. Given the increasingly global nature of commercial information sharing, this has...
|California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of Personal Information|
Gregory K. Lee, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 26, 2015, previously published on October 16, 2015California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new requirements for security breach notification through the use of prescribed...
|EU Data Protection: Article 29 Working Party Says Standard Contractual Clauses, Binding Corporate Rules are Adequate—for Now|
Olivier Haas, Mauricio F. Paez, Undine von Diemar; Jones Day;
October 23, 2015, previously published on October 2015After the European Court of Justice ("ECJ") declared the 2000/520/EC Safe Harbor decision of the European Commission (the "Safe Harbor") to be invalid, there was considerable uncertainty as to whether alternative measures of protection to legalize the transfer of personal data...
|EU Parliament Committee Calls on the Commission for Immediate Action on US Data Transfers|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2015, previously published on October 14, 2015The EU Parliament committee that is charged with considering data protection matters (LIBE) has issued a press release calling on the European Commission to take action before the end of 2015 to come up with alternatives to Safe Harbor. Importantly, LIBE has also called on the Commission to...
|EU Data Protection Authorities Issue Joint Statement on Invalidation of Safe Harbor: Not Much Help Here |
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2015, previously published on October 16, 2015The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark decision invalidating the US-EU Safe Harbor framework.
|Do as You Say (and as You Should Do): How the Hospitality Industry Can Brace for Data Privacy Actions|
Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
October 23, 2015, previously published on October 19, 2015On October 2, 2015, Trump International Hotels became the latest in a growing line of data breach class action victims. Driscoll v. Trump International Hotels Management LLC, No. 15-cv-1089 (S.D. Ill.). Indeed, the hospitality industry as a whole is seeing increased scrutiny from both...
|No Safe Harbor for EU-U.S. Data Transfers|
Ieuan Jolly; Loeb & Loeb LLP;
October 22, 2015, previously published on October 2015In a landmark decision with immediate repercussions for both American and European companies, Europe’s highest court, the Court of Justice of the European Union (CJEU), ruled that the EU-U.S. Safe Harbor framework enabling data transfers of personal data between the EU and U.S. is invalid....
|New Maine Social Media Privacy Law Takes Effect October 15, 2015|
David P. Mason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 20, 2015, previously published on October 9, 2015Maine has become the latest state to restrict employers’ ability to access social media accounts of employees and applicants. A new Maine statute, which will go into effect on October 15, 2015, prohibits a broad range of employer conduct.
|Public Consultation to Review the European Telecom Framework: An Opportunity for Operators to Be Heard|
Remy Fekete; Jones Day;
September 24, 2015, previously published on September 2015The European Commission published, on September 11, 2015, a public consultation on the evaluation and review of the regulatory framework for electronic communications networks and services. The public consultation is a first step in the future reform of the regulatory framework, which constitutes...
|The FCC Taketh Away and Giveth: Under The TCPA, Not All Efaxes are Junk|
Richik Sarkar; McDonald Hopkins LLC;
September 21, 2015, previously published on September 18, 2015In their recent decision “In the Matter of Westfax, Inc., Petition for Consideration and Clarification”(Westfax ruling), the FCC addressed a petition from Westfax seeking clarification regarding liability for commercial (e.g., advertisement) efaxes. The FCC clarified that efaxes...