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|What You Need to Know about the New Broadband Privacy Regulations|
Christopher J. Harvie, Ari Zev Moskowitz; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 15, 2016, previously published on October 31, 2016As we previewed last week, the Federal Communications Commission (FCC) has adopted new privacy rules that govern Internet service providers’ (ISPs) handling of broadband customer information. Though the Wireline Competition Bureau stated that it expects it will be at least several days before...
|Will free apps soon be dead in Europe?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 16, 2016, previously published on February 9, 2016As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps typically involve the offer of a service (the app) in exchange for access...
|Regulatory Guidance For Safeguarding Personal Information|
Bradley J. Freedman; Borden Ladner Gervais LLP;
June 26, 2015, previously published on June 24, 2015On June 10, 2015, the Office of the Privacy Commissioner of Canada issued Interpretation Bulletin - Safeguards to provide non-binding guidance for compliance with statutory obligations to safeguard personal information. The guidance provided by the Interpretation Bulletin is timely in light of the...
|Digital Advertising Alliance Announces New Mobile Opt-Out Tools|
Kenneth R. Florin, Ieuan Jolly, James D. Taylor; Loeb & Loeb LLP;
April 15, 2015, previously published on March 2015The Digital Advertising Alliance (DAA) announced two new mechanisms that will allow consumers to manage ad preferences on their mobile devices. The tools are intended to complement the existing opt-out mechanisms that are part of the DAA's self-regulatory program for online targeted advertising and...
|Deadline for Waiver from FCC "Blast Fax" Rules Approaching - April 30, 2015|
Anthony T. Eliseuson, Laura Leigh Geist; Dentons Canada LLP;
April 14, 2015, previously published on March 9, 2015April 30, 2015, is the anticipated deadline for anyone seeking a waiver to the US Federal Communications Commission (FCC) "Blast Fax" opt-out rules.
|Court's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach|
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 12, 2015On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...
|Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data|
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 31, 2015, previously published on March 26, 2015“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...
|Privacy and Cyber Security: Summary of the Report from the Privacy Commissioner of Canada|
Roland Hung, Kevin Stenner; McCarthy Tétrault LLP;
March 26, 2015, previously published on March 4, 2015In December 2014, the Office of the Privacy Commissioner of Canada (the “Commissioner”) released a report entitled Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities (the “Report”), examining the common interests and tensions between...
|Protect Your Business from Competitive Intelligence|
Zachary W. Behler, Samuel J. Frederick, Mindi M. Johnson, Iris K. Linder, John W. Mashni; Foster, Swift, Collins & Smith, P.C.;
March 25, 2015, previously published on January 7, 2015The term "competitive intelligence" is the process of legally gathering information about one's competitors to gain a strategic advantage in the marketplace. Large corporations will have strategic intelligence experts as a part of their marketing department. These experts specialize in...
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...