The 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 territorial scope of EU data privacy law,… Continue Reading
On October 21, a key European parliamentary committee (the Committee on Civil Liberties, Justice and Home Affairs (“Committee”) approved an amended version of the draft EU Data Protection Regulation, paving the way for further negotiations with EU governmental bodies. The goal, according to a press release by the Committee, is to reach compromise on the… Continue Reading
In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to the goal pursued. The CNIL also sanctioned the company because it failed… Continue Reading
Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held that Twitter, based in California, was obligated under the French Code of Civil Procedure to reveal… Continue Reading
It has been reported that Google will give EU businesses the opportunity to store personal data exclusively on servers in the EU. This appears to have been prompted by compliance difficulties with the current EU data protection Directive when cloud computing service providers store personal data on servers or in data centres based outside the… Continue Reading
Concurrent with the European Commission’s recent release of a new strategy to “unleash the potential of cloud computing in Europe,” the French Data Protection Agency (CNIL) issued 7 recommendations to assist companies to comply with French law when using cloud computing services.
On June 7, 2012, the Article 29 Working Party, an independent advisory body composed of representatives from the national data protection authorities of the EU Member States, the European Data Protection Supervisor and the European Commission, issued Opinion 04/2012 regarding which types of cookies are exempted from the informed user-consent requirement under Directive 2002/58… Continue Reading
On May 28th, the Commission nationale de l’informatique et des libertés (“CNIL”), the French authority responsible for data privacy, published guidance on breach notification law affecting electronic communications service providers. The guidance was issued with reference to European Directive 2002/58/EC, the e-Privacy Directive, which imposes specific breach notification requirements on electronic communication service providers. French legislator recently amended… Continue Reading
The European Commission (the “EC”) has announced its anticipated comprehensive reform of EU data protection rules, intended to strengthen online privacy rights and boost Europe’s digital economy. The proposal is intended to update and modernize the principles enshrined in the 1995 Data Protection Directive. If approved, unlike the current rules which give each of the 27… Continue Reading
On February 16, 2010, the EU Article 29 Working Party published Opinion 1/2010, in which it clarified the definitions of “data controller” and “data processor” as those designations are used within the European Data Protection Directive. The Working Party’s opinion is welcome guidance, as such designations are often difficult to apply in practice, especially given the increasing complexity of globalization, organizational differentiation, and information and communication technologies.
The European Commission has updated its Standard Contractual Clauses which govern the transfer of personal data from data exporters within the European Union to data processors outside of the European Union.
On January 5, 2010, the EU Article 29 Data Protection Working Party published an opinion finding that Israel provides an "adequate" level of data protection under the EU Data Protection Directive. Should the European Commission ("EC") adopt the Article 29 Working Party’s recommendation (and there is no reason to think that it would not), Israel… Continue Reading
the French Supreme Court made clear that all files created by an employee on an employer’s computer belong to the employer unless they are expressly identified as personal
On October 6, 2009, in one fell swoop, the Federal Trade Commission (“FTC”) announced proposed settlements of charges against six companies for violations under the US/EU Safe Harbor Program. Specifically, these companies (World Innovators, Inc.; ExpatEdge Partners LLC; Onyx Graphics, Inc.; Directors Desk LLC; Collectify LLC; and Progressive Gaitways LLC) were alleged to have continued… Continue Reading
On August 19, 2009, the French Data Protection Agency (also known as the "CNIL") released a new opinion (the "Opinion") on the transfer of personal data from France to a jurisdiction outside of Europe. The Opinion is noteworthy for describing how personal data can be transferred from France to the United States pursuant to U.S…. Continue Reading
In early August, the Federal Trade Commission (“FTC”) announced the first enforcement action against a U.S. company for violation of the US/EU Safe Harbor Program. This enforcement action should serve as a call-to-action for all Safe Harbor program participants to review their safe harbor programs now, and re-affirm their compliance.
The European Commission is considering modifying the standard contractual clauses (hereafter “SCCs”) established on December 27, 2001 and used by data controllers to transfer personal data to data processors located outside the EU. The new SCCs may introduce more flexibility in processing services and better reflect new business practices. Although the European Commission has not yet… Continue Reading
On May 12, 2009, the UK Information Commissioner’s Office (ICO) released a much anticipated report authored by the RAND Corporation assessing the strengths and weaknesses of the 1995 EU Data Protection Directive (95/46/EC) (the "Directive), the main source of privacy legislation in Europe. While the report highlighted a number of the Directive’s positive attributes, it… Continue Reading
The European Commission announced this week that it might sue the United Kingdom if that country fails to limit the tracking and collection of users’ Internet browsing habits and personal information without prior consent. The United Kingdom until now has adopted a self-regulatory approach similar to that followed by the Federal Trade Commission (we reported… Continue Reading
In a landmark ruling, the European Court of Human Rights (ECHR)—Europe’s highest court to take up cases affecting the privacy rights of EU citizens—ruled that some aspects of the UK’s DNA database violated EU law. Specifically, on December 4, the ECHR issued its decision, S. and Marper v. The United Kingdom (Applications 30562/04, 30566/04), holding… Continue Reading
When a company is considering using cloud computing in its IT infrastructure, there are some privacy issues that need to be addressed. While the value of cloud computing certainly holds much promise, companies wishing to make the leap into the cloud would be well advised to consider the potential privacy issues. Cloud computing, in its… Continue Reading
A German court (Case No. 133 C 5677/08) recently issued a decision that Internet Protocol (IP) addresses stored on a company’s server do not constitute "personal data" under the German data protection law. An IP address is a unique number that every computer connected to the internet is assigned. Under German data protection law (and… Continue Reading