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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,...
|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...
|Happy Holidays: VTech Data Breach Affects Over 11 Million Parents and Children Worldwide|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 29, 2015, previously published on December 7, 2015The recent data breach of Hong Kong-based electronic toy manufacturer VTech Holdings Limited (“VTech” or the “Company”) is making headlines around the world for good reason: it exposed sensitive personal information of over 11 million parents and children users of...
|Splitting the Dancing Baby: Both Sides are Crying Over the Ninth Circuit’s Lenz v. Universal Music Corp. Holding|
Jenn Dollard; Faruki Ireland Cox P.L.L.;
December 14, 2015, previously published on December 7, 2015In a not-so-shocking development, both sides in a closely watched copyright suit known as the “Dancing Baby” case are urging the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) to rehear their case, unhappy with the court’s middle-of-the-road...
|EU Launches Consultation on the Review of the EU Satellite and Cable Directive|
Viola Bensinger, Christoph Enaux, Stefan Lütje; Greenberg Traurig Germany, LLP;
November 13, 2015, previously published on October 30, 2015On Aug. 24, the EU launched a public consultation as part of a broader review of the 1993 EU Satellite and Cable Directive, one of the 16 initiatives announced in the Commission's plan for the Digital Single Market (DSM). The Commission wants to know whether EU rules defining where and how...
|California Amends Data Breach Notification Statute by Requiring Specific Notification Content and Expanding the Definition of Personal Information|
Gregory K. Lee, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
October 26, 2015, previously published on October 16, 2015California’s Data Breach Notification Statute was amended on October 6, 2015, by Governor Jerry Brown. The amendment, which takes effect on January 1, 2016, makes important changes to the existing law, including new requirements for security breach notification through the use of prescribed...
|The Changing Landscape of Cross Border Data Transfers|
Bryce Dillon, Robert P. Kinghan; Perley-Robertson, Hill & McDougall LLP/s.r.l.;
October 26, 2015, previously published on October 19, 2015On October 6, 2015, the European Court of Justice (“ECJ”) ruled that the Safe Harbor Framework, an arrangement which allowed the exchange of personal data among European and American companies, was invalid. Given the increasingly global nature of commercial information sharing, this has...
|Do as You Say (and as You Should Do): How the Hospitality Industry Can Brace for Data Privacy Actions|
Mark S. Eisen; Sheppard, Mullin, Richter & Hampton LLP;
October 23, 2015, previously published on October 19, 2015On October 2, 2015, Trump International Hotels became the latest in a growing line of data breach class action victims. Driscoll v. Trump International Hotels Management LLC, No. 15-cv-1089 (S.D. Ill.). Indeed, the hospitality industry as a whole is seeing increased scrutiny from both...