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|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...
|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...
|Cyber Bill Passed into Law as Part of Omnibus Spending Package|
Sutherland Asbill Brennan LLP;
December 22, 2015, previously published on December 21, 2015The Cybersecurity Act of 2015 (“Act”), which was added to the fiscal 2016 appropriations measure, was signed into law on December 18, 2015. The Act includes, among other things, incentives for companies to participate in sharing information about data threats with the government and...
|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...
|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...
|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...