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HTMLConsumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations
Undine von Diemar; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
The 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...

 

HTMLRisky Business: BLG Sees Cyber Risks Underlining Challenges to Canadian Businesses
Eusis Dougan-McKenzie; Borden Ladner Gervais LLP;
Legal Alert/Article
January 16, 2015, previously published on December 16, 2014
Toronto (December 16, 2014) — Cyber risks will be a dominant issue for Canadian businesses in 2015, according to Borden Ladner Gervais LLP (BLG) in its 2015 Top 10 Business Risks report. Following a Statistics Canada report that 14 per cent of large enterprises experienced an Internet...

 

HTMLEU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 8, 2014
We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...

 

HTMLEU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints
Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 10, 2014
The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...

 

HTMLCloud Services - Guidelines For Service Level Agreements
Bradley J. Freedman; Borden Ladner Gervais LLP;
Legal Alert/Article
November 10, 2014, previously published on October 16, 2014
Cloud services are becoming increasingly important to organizations of all kinds. The European Commission recently issued Cloud Service Level Agreement Standardisation Guidelines to assist cloud service providers and cloud service customers. The Guidelines identify and explain many important issues...

 

HTMLA Different Kind of “Virus”: FDA Follows NIST Framework in Cybersecurity Guidance for Medical Devices
Joshua T. Foust; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 13, 2014, previously published on October 8, 2014
In past posts we’ve taken a close look at the Framework for Improving Critical Infrastructure Cybersecurity put forth by the National Institute of Standards and Technology (NIST), exploring its wide-ranging implications for companies across a number of different industries. As we’ve...

 

HTMLWyndham Gets Life Preserver in Data Breach Case
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 7, 2014, previously published on June 27, 2014
New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here.

 

Adobe PDFGuess Who’s Looking at Your Ad? Blind Recruitment Ads Fall Foul of Data Privacy Laws
Gabriela Kennedy, Karen H. F. Lee, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
July 4, 2014, previously published on June 26, 2014
The number of "blind" recruitment ads - i.e., ads that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to a growing concern about the possible unscrupulous collection and use of personal data of job applicants.

 

HTML“May I have your ZIP Code?” Retailers May Want to Read This....
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 18, 2014
There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...

 

HTMLMassachusetts High Court Permits Compelled Decryption of Seized Digital Evidence
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 25, 2014
Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating...

 


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