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|Conference of German Data Protection Officers' Position Paper Offers Guidance on Safe Harbor Decision: No New Approvals for Data Transfers to the U.S. Based on BCRs or Ad-Hoc Clauses|
Ted-Philip Kroke, Mauricio F. Paez, Stefanie Stoehr, Undine von Diemar; Jones Day;
November 5, 2015, previously published on October 2015On October 26, 2015, the Conference of the Data Protection Commissioners of the German Federation and the German States (the "Conference") issued a position paper (source document in German), which followed the Article 29 Working Party's October 16, 2015 statement on the practical...
|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-U.S. Data Protection Safe Harbor: Not Safe Anymore|
Paloma Bru, Laurent De Muyter, Mauricio F. Paez, Elizabeth A. Robertson, Undine von Diemar; Jones Day;
October 19, 2015, previously published on October 2015On October 6, 2015, the European Court of Justice ("ECJ") invalidated the European Union-United States data protection safe harbor (the "Safe Harbor"). In its decision in Case C-362/14 Maximilian Schrems v Data Protection Commissioner, the ECJ invalidated the Safe Harbor because...
|U.S. and China Agree to Collaborate in Addressing Cyber Theft Scourge|
Richard J. Johnson, Michael R. La Marca, Mauricio F. Paez; Jones Day;
October 6, 2015, previously published on September 2015The United States and China announced on September 25 that they had reached a "common understanding" to combat "cyber-enabled theft of intellectual property." While the joint statement and accompanying White House Fact Sheet was short on details, President Obama and President Xi...
|German Data Protection Commissioners Call for Improvements to the General Data Protection Regulation|
Ted-Philip Kroke, Mauricio F. Paez, Undine von Diemar; Jones Day;
September 7, 2015, previously published on September 2015As deliberations on the General Data Protection Regulation (“GDPR”) between the trialogue parties European Parliament, European Council, and European Commission reach the final stages, the Conference of the Data Protection Commissioners of the German Federation and the German States...
|NIST's Privacy Risk Management Framework Released in Draft Report|
Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
June 22, 2015, previously published on June 2015On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...
|Doing Business with the Government? What You Should Know about Cybersecurity|
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
June 8, 2015, previously published on June 2015Government contractors are in a difficult position when it comes to cybersecurity. Not only do they need to worry about cybersecurity issues that affect almost every company, but they also often house sensitive government data that can carry additional obligations. Further, the very fact that they...
|PCI DSS Version 3.1—SSL and Early Versions of TLS Are Deemed No Longer Secure|
Rachel A. Geist, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
May 7, 2015, previously published on April 2015On April 15, 2015, the Payment Card Industry Security Standards Council ("SSC") released Version 3.1 of the Payment Card Industry Data Security Standard ("PCI DSS"). PCI DSS is a set of standards that dictate how merchants and other organizations in the payment cycle are...
|State of the Union Address Places the President's Privacy and Cybersecurity Proposals Front and Center|
Richard J. Johnson, Todd S. McClelland, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
February 27, 2015, previously published on January 2015In his January 20, 2015, State of the Union Address, President Barack Obama notably focused on privacy and cybersecurity, stressing the urgent need for comprehensive legislation. He raised the specter of foreign nations and hackers shutting down American networks, stealing trade secrets, and...
|New Telecommunications Privacy Rules for U.S. Broadband Providers|
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
February 26, 2015, previously published on February 2015Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...