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|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|Microsoft and Other Major Technology Companies Push Back Against Warrant to Access Data Held on Foreign Servers|
Lawrence R. Freedman, Ari Z. Moskowitz, Mark E. Schreiber; Edwards Wildman Palmer LLP;
July 1, 2014, previously published on June 26, 2014A dispute between Microsoft and the U.S. government over a search warrant could have major repercussions for cloud service providers. Historically, European data privacy and protection standards have been stricter generally speaking than those in the U.S. The "Safe Harbor" arrangement...
|Employer’s Potential Liability in Class Action for Employee’s Breach of Privacy A Good Reminder For All|
Ryley Mennie; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 25, 2014A recent decision of the Ontario Superior Court of Justice highlights the increasing focus on (and potential liability arising from) customers’ and clients’ privacy rights and the importance for employers to properly monitor the activities of their employees. Additionally, while the...
|You Can Stay Anonymous: SCC Recognizes a Privacy Interest in Protecting Anonymity on the Internet|
Roland Hung, Charles S. Morgan; McCarthy Tétrault LLP;
June 27, 2014, previously published on June 22, 2014On June 13, 2014, in a landmark privacy ruling, the Supreme Court of Canada (“SCC”) in R v Spencer (“Spencer”) unanimously recognized that, in addition to confidentiality and control of the use of personal information, there may be a privacy interest in protecting anonymity...
|Florida Raises the Bar on Data Privacy, Security and Breach Notification with Passage of New Law|
McDonald Hopkins LLC;
June 26, 2014, previously published on June 23, 2014On June 20, 2014, the “Florida Information Protection Act of 2014” (FIPA) was signed into law by Florida Governor Rick Scott, after it received unanimous support by the legislature. FIPA will take effect on July 1, 2014 and will replace Florida’s existing data breach notification...
|The Right to be Forgotten|
Amber Melville-Brown; Withers Bergman LLP/Withers LLP;
June 26, 2014, previously published on June 18, 2014If the results from a Google search on your name are not all they could be, or perhaps more than they should be, it is worth considering a new procedure available to try and rectify the situation, following a recent seismic shift in internet data protection law.
|Canada's New Anti-Spam Legislation: What Does It Mean for U.S. Nonprofits?|
Stuart P. Ingis, Tiffany M. Nichols, Michael A. Signorelli, Jeffrey S. Tenenbaum; Venable LLP;
June 24, 2014, previously published on June 2014Under Canada's new Anti-Spam Law (CASL), as of July 1, 2014, for-profit companies and nonprofit organizations engaged in marketing and fundraising campaigns from within Canada or to recipients in Canada must acquire prior "express consent" from recipients before sending commercial...
|Attorney General's Office Issues "Do Not Track" Disclosure Guidelines|
Richard J. Johnson, Ka-on Li, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
June 11, 2014, previously published on June 2014The California Attorney General's Office recently issued a set of guidelines, titled "Making Your Privacy Practices Public" ("Guidelines"), designed to help companies develop "meaningful" privacy policies that provide transparency, accountability, and choice for online...
|FTC Calls for Greater Transparency for Data Brokers|
Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
June 11, 2014, previously published on May 29, 2014The Federal Trade Commission (FTC or Commission) called for legislative and industry actions in a 110-page report on the practices of data brokers, released Tuesday. The report is the culmination of an 18-month study of information obtained from nine data brokers, including such prominent companies...
|Promises to Keep: Lessons Learned from Facebook’s Recent Acquisitions of WhatsApp and Moves|
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 4, 2014, previously published on May 19, 2014Mergers are never simple, but the acquisition of consumer products and technology requires the purchasing entity to consider a number of questions and issues beyond the standard concerns related to executive pay, corporate valuations and per share prices. Will we be able to integrate our corporate...