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HTMLUPDATE: Is Safe Harbor Still Safe? The European Court of Justice Answers with a Resounding “No”
Jeremy L. Ross, Ian A. Stewart, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 5, 2015, previously published on October 27, 2015
On September 28, 2015, we released a client alert noting that European Commission Decision 2000/520, known as the “Safe Harbor” for U.S. companies handling the private data of EU citizens, was under attack in the advisory opinion issued by Advocate General Yves Bot of the European Union...


HTMLThe Schrems Saga Continues: Israeli Law, Information and Technology Authority Revokes Transfer Authorizations
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree Deakins International, LLP;
Legal Alert/Article
October 29, 2015, previously published on October 22, 2015
Citing the European Court of Justice’s (ECJ) October 6, 2015 decision in Schrems v. Data Protection Commissioner, which invalidated the EU Commission’s Safe Harbor decision, the Israeli Law, Information and Technology Authority (ILITA) announced, on October 19, 2015, that it was...


HTMLSafe Harbor Invalidated - What’s Next on the Chopping Block?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 6, 2015
There are two key elements of the ECJ’s decision. The first is that national data protection authorities in the EEA are authorized ¿ indeed, required ¿ to hear complaints from individuals with regard to the transfer of their personal data outside of the EEA regardless of whether...


HTMLEU Top Court Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 12, 2015, previously published on October 6, 2015
A press release issued by the Court of Justice of the EU (ECJ) regarding its decision in the Schrems Safe Harbor case (C-362/14) confirms that the ECJ has declared Safe Harbor invalid. The ECJ has sent the case back to the Irish Data Protection Authority to determine whether Facebook...


HTMLThe "Right to be Forgotten"
jaime Cheng; Lee Tsai Partners Attorneys-at-Law;
Legal Alert/Article
March 11, 2015, previously published by Taiwan's Personal Information Protection Act currently only provides that a party may request correction when errors exist with respect to the party's personal information or deletion when the specific purpose no longer exists.  Originally, "La Vanguardia" newspaper lawfully collected and used the personal information (reporting of a real-estate auction is in accord with the public interest) and the information was correct.  The only issue was that the personal information was out of date after the passing of considerable time. As such, there would be room to dispute the expiry of the specific purpose and whether a request for deletion would be justified.  This issue is still awaiting legislative resolution in Taiwan.
The "Right to be Forgotten"


HTMLLiability of Search Engines for Copyright Infringement under Czech Law
Jan Pfeffer; Kinstellar s.r.o.;
Legal Alert/Article
February 24, 2014, previously published on January 2014
As internet use grows, with more and more information available, so does the rate of copyright infringement. There are the obvious - and much talked about - cases of piracy in the music or film industry. But fingers are pointed at other practices too, some concerning the automated action of search...


HTMLWhere Do We Stand on the Territorial Scope of EU Data Protection Law Following the Recent European Parliament Vote?
Marianne Le Moullec; Proskauer Rose LLP;
Legal Alert/Article
November 15, 2013, previously published on November 13, 2013
The determination of the territorial scope of the current EU Directive n° 95/46 is still under dispute both before national Courts and the European Court of Justice (ECJ). This issue may soon become moot with the adoption of future data protection regulation, which may modify and expand the...


HTMLSales Tax Re Online Sale
Robert C. Dewar; Williams Mullen;
Legal Alert/Article
July 26, 2013, previously published on July 25, 2013
For several months now, Congress has been studying the Marketplace Fairness Act, a bill that would impose a duty on retailers to collect sales tax on certain internet sales of goods. In its current form, the legislation would apply to retailers that generate at least $1 million of gross sales in...


HTMLEU Debate over Cybersecurity Laws
Duane Morris LLP;
Legal Alert/Article
June 24, 2013, previously published on June 20, 2013
We gave a progress report earlier this week in our Alert on the European Commission's plans for wide-ranging changes to data protection laws. It is worth remembering that the European Commission is also considering additional new laws to try and deal with the growing threats to cybersecurity that...


HTMLGerman Advertisers Launch Self-Regulation Initiative for Online Behavioral Advertising
Hunton Williams LLP;
Legal Alert/Article
December 7, 2012, previously published on November 27, 2012
On November 19, 2012, 40 German advertising associations launched the “German Data Protection Council for Online Advertising,” a new initiative to coordinate and enforce self-regulation in the German online behavioral advertising (“OBA”) sector. The initiative is linked to...


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