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|Privacy Shield: The National Data Protection Authorities Hold Fire|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 15, 2016, previously published on July 26, 2016The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of each of the EU’s national data protection authorities. In a nutshell,...
|New Agreement on Privacy Shield Set to Become Final in Early July|
Simon J. McMenemy, Hendrik Muschal, Grant D. Petersen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
July 14, 2016, previously published on June 27, 2016On June 24, 2016, the European Commission announced that it had reached a final agreement with the United States on the terms of the EU-U.S. Privacy Shield, which will permit U.S. companies to transfer the personal data of European Union (EU) citizens to the United States in compliance with EU data...
|Decision Provides Rare Insight on the Applicability of the "Right to be Forgotten" in Québec|
Raphaël Girard, Éloïse Gratton; Borden Ladner Gervais LLP;
July 12, 2016, previously published on June 20, 2016On April 14th, 2016, the Commission d'accès à l'information (the "CAI") issued a decision discussing the relevance of the "right to be forgotten" with regards to the "right to rectification" found in the Act Respecting the Protection of Personal...
|Top Tips to Avoid Liability for Blogs and other Online Publications|
David A. Crerar; Borden Ladner Gervais LLP;
July 7, 2016, previously published on June 24, 2016Many companies encourage employees to blog or otherwise engage customers through social media. While at times providing effective means of marketing to or educating customers and would-be customers, this practice exposes those writers and their sponsoring companies to a wide range of potential...
|Data Privacy Bulletin: Essential Computer Security Tips for All Businesses and Employees|
Jack Pringle; Adams and Reese LLP;
June 14, 2016, previously published on April 28, 2016In a connected world, sound information security practices are crucial for every employee of a business. Even a single simple lapse in judgment, like clicking on a link in a “phishing” email, can put all computer networks- and the sensitive information stored on them- at risk.
|Facebook Defamation Case Awards Significant Damages|
David A. Crerar; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 25, 2016Given the ease and encouragement of sharing on Facebook and other social media, the risk of harm, and subsequent substantial legal damages, may be greater than with defamatory statements in more conventional forms.
|Agreement Reached on Landmark EU Data Protection Reform|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
January 8, 2016, previously published on December 17, 2015On December 15, 2015, the European Commission announced that an agreement has been reached with the European Parliament and the Council (the “trilogue” meetings) regarding the Commission’s sweeping 2012 EU Data Protection Reform proposal. The legislation was adopted by the...
|Fresh and Fragrant or the Whiff of Scandal? Protecting Your Personal Brand|
Amber Melville-Brown; Withers Bergman LLP;
January 7, 2016, previously published on December 16, 2015During my time as a reputation, privacy and media lawyer, I have helped clients protect, safeguard, remedy and restore their reputations and brands when they have come under attack. That attack can come from anywhere, and is often unexpected. However, as mentioned in my first piece, there are three...
|FTC Issues Enforcement Statement, Business Guide on Native Advertising|
Kenneth R. Florin, David G. Mallen, James D. Taylor; Loeb & Loeb LLP;
January 7, 2016, previously published on December 2015The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy Statement on Deceptively Formatted Advertisements”...
|EU Reaches Agreement on New Privacy Regulations|
Ieuan Jolly; Loeb & Loeb LLP;
January 5, 2016, previously published on December 2015Last night the European Commission announced final agreement on the General Data Protection Regulation, the EU-wide data protection framework that will replace the current fragmented structure under the nearly 20-year-old Data Protection Directive. The GDPR will govern privacy and data protection...