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Documents on International Law, Internet & E-Commerce, Legal Management, Computer & Data Services, Information Services
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|UPDATE: 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;
November 5, 2015, previously published on October 27, 2015On 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...
|The Schrems Saga Continues: Israeli Law, Information and Technology Authority Revokes Transfer Authorizations|
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree Deakins International, LLP;
October 29, 2015, previously published on October 22, 2015Citing 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...
|Safe Harbor Invalidated - What’s Next on the Chopping Block?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 12, 2015, previously published on October 6, 2015There 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...
|EU Top Court Invalidates Safe Harbor and Sends Facebook Case Back to Irish Data Protection Authority|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 12, 2015, previously published on October 6, 2015A 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...
|The "Right to be Forgotten"|
jaime Cheng; Lee Tsai Partners Attorneys-at-Law;
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"
|Liability of Search Engines for Copyright Infringement under Czech Law|
Jan Pfeffer; Kinstellar s.r.o.;
February 24, 2014, previously published on January 2014As 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...
|Where Do We Stand on the Territorial Scope of EU Data Protection Law Following the Recent European Parliament Vote?|
Marianne Le Moullec; Proskauer Rose LLP;
November 15, 2013, previously published on November 13, 2013The 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...
|Sales Tax Re Online Sale|
Robert C. Dewar; Williams Mullen;
July 26, 2013, previously published on July 25, 2013For 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...
|EU Debate over Cybersecurity Laws|
Duane Morris LLP;
June 24, 2013, previously published on June 20, 2013We 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...
|German Advertisers Launch Self-Regulation Initiative for Online Behavioral Advertising|
Hunton Williams LLP;
December 7, 2012, previously published on November 27, 2012On 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...