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|The Data Retention Saga Continues: European Court of Justice and EU Member States Scrutinize National Data Retention Laws|
Paloma Bru, Laurent De Muyter, Jonathon Little, Mauricio F. Paez, Undine von Diemar; Jones Day;
August 23, 2016, previously published on August 2016Triggering a landslide of legislative reforms and legal battles, the European Court of Justice’s (“ECJ”) landmark judgment of April 8, 2014, Digital Rights Ireland (C-293/12), invalidated the Data Retention Directive 2006/24/EC, which provided that providers of publicly available...
|The EU-U.S. Privacy Shield Approved|
Jonathon Little, Giuseppe Mezzapesa, Mauricio F. Paez, Elizabeth A. (Liz) Robertson, Undine von Diemar; Jones Day;
August 3, 2016, previously published on July 2016After months of criticism from various EU bodies and institutions, the much-anticipated EU-U.S. Privacy Shield finally has been approved by the European Commission, paving the way for self-certifying U.S. organizations to transfer legally EU personal data across the Atlantic. The adoption of this...
|Second Circuit Limits Territorial Reach of U.S. Government to Domestically Stored Data|
Theodore T. (Ted) Chung, Daniel J. (Dan) McLoon, Mauricio F. Paez, Gregory P. Silberman, John A. Vogt; Jones Day;
August 3, 2016, previously published on July 2016In a highly anticipated decision, the Second Circuit ruled on July 14, 2016, that the United States cannot compel Microsoft Corp. ("Microsoft") to disclose certain customer emails stored in Ireland because Congress did not intend the warrant provisions of the Stored Communications Act...
|New Russian Legislation on Massive Telecoms Surveillance|
Rémy Fekete, Mauricio F. Paez, Sergei Volfson, Undine von Diemar; Jones Day;
July 29, 2016, previously published on July 2016In June 2016, the Russian Parliament adopted Federal Law "On Amendment of the Federal Law 'On Counterterrorism' and Related Laws of the Russian Federation Establishing Additional Counterterrorism and Public Security Measures" ("Amendments"). These Amendments have a number of...
|Cybersecurity's Moment and What it Means for Financial Services|
Lisa M. Ledbetter, Todd S. McClelland, Mauricio F. Paez, Albert J. Rota, C. Hunter Wiggins; Jones Day;
April 12, 2016, previously published on March 2016The recent announcement of President Barack Obama's Cybersecurity National Action Plan, with programs aimed at improving the security of public and private data, is a reminder that cybersecurity—including identifying, defending against, recovering from, and notifying others about cyber...
|EU and U.S. Release Terms of Privacy Shield|
Paloma Bru, Jonathon R. Little, Mauricio F. Paez, Elizabeth Robertson, Undine von Diemar; Jones Day;
March 31, 2016, previously published on March 2016The European Commission ("EC") and U.S. Department of Commerce ("DOC") recently released the full text of the EU¿U.S. Privacy Shield framework. This release follows the February 2, 2016, announcement that EU and U.S. officials had reached an agreement to replace the...
|Save Your Data and Your Dollars: Tips to Prevent "Ransomware" from Holding Your Company Hostage|
James R. Dutro, Colin Leary, Daniel J. McLoon, Mauricio F. Paez, Jeffrey Rabkin; Jones Day;
March 22, 2016, previously published on February 2016On February 15, 2016, a Los Angeles-based hospital paid cyber criminals $17,000, in the form of 40 Bitcoins, to restore access to electronic medical records and email systems. The hospital—Hollywood Presbyterian Medical Center—had been operating offline for more than a week after...
|Commodity Futures Trading Commission Proposes Cybersecurity Best Practices|
Lisa M. Ledbetter, Ethan (Eitan) Levisohn, Stephen J. Obie, Mauricio F. Paez; Jones Day;
February 24, 2016, previously published on February 2016On December 16, 2015, the Commodity Futures Trading Commission ("CFTC") approved two proposed rules which would require regulated entities to conduct specific tests of their cybersecurity capabilities, remediate vulnerabilities, and institute board-level review of the testing results.
|"EU-U.S. Privacy Shield" to replace "Safe Harbor"|
Paloma Bru, Jonathon R. Little, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
February 11, 2016, previously published on February 2016On February 2, 2016, European Union ("EU") and U.S. regulators reached a political agreement on a new "Safe Harbor 2.0" that could provide thousands of companies with a legal basis for transatlantic data transfers.
|Revised DFARS Interim Rule Regarding Cybersecurity Responds to Industry Concerns|
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
February 2, 2016, previously published on January 2016After collecting feedback from industry representatives, the Department of Defense ("DOD") recently revised the Defense Federal Acquisition Regulations Supplement ("DFARS") interim rule on required cybersecurity measures for defense contractors (the "December 30 Interim...