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Category Archives: International

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One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

Posted in International

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013 (http://www.cnil.fr/fileadmin/documents/La_CNIL/publications/CNIL_34e_Rapport_annuel_2013.pdf ), the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer credit database, the right to be forgotten, the right to refuse cookies, the proposed EU Regulation,… Continue Reading

Singapore Issues New Regulations In Advance of Data Protection Law Entering Into Force

Posted in International

On July 2, 2014 Singapore’s new Personal Data Protection Act (the “PDPA” or the “Act”)) will go into force, requiring companies that have a physical presence in Singapore to comply with many new data protection obligations under the PDPA.   Fortunately, in advance of the Act’s effective date, the Singapore Personal Data Commission has recently promulgated… Continue Reading

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

Posted in European Union, International, Uncategorized

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The Working Document sets forth various mechanisms which can be utilized by websites to obtain consent for the use of cookies in compliance with all… Continue Reading

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

Posted in Data Privacy Laws, European Union, International, Online Privacy

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

Six European Data Protection Authorities Will Launch Legal Actions against Google Stemming from its Privacy Policy

Posted in Behavioral Marketing, Data Privacy Laws, European Union, International, Online Privacy, Privacy Litigation

The French, Italian, British, German, Spanish and Dutch Data Protection Authorities announced on April 2, 2013 that each will launch investigations and enforcement actions against Google on the grounds that its privacy policy is not compliant with the European Directive on Data Protection, available at http://eur-lex.europa.eu/en/index.htm, (the “Directive”).

5 Best Practices for Employers Addressing Social Media Use in the Workplace

Posted in International, Workplace Privacy

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place. In 2012, Proskauer surveyed multinational businesses in 19 different countries (Argentina, Brazil, Canada, China, The Czech Republic, France, Germany, Hong-Kong, India, Ireland,… Continue Reading

French employees should check their privacy settings before posting on social media platforms

Posted in International, Online Privacy

It may seem obvious to a lay person that employees should refrain from insulting their companies on social media due to the threat of termination for cause; however, there are contradictory legal principles that apply to the use of social media by employees which can be used both for and against employees (i.e. freedom of speech, right to privacy, data protection laws, an employer’s right to take disciplinary action, public insult offense, etc.) As a consequence, there is uncertainty as to whether an employer can use its employees’ postings made on social media websites to sanction them.

R-E-S-P-E-C-T, Cross-Border E-discovery

Posted in Data Privacy Laws, International

Litigants navigating the conflict between U.S. discovery obligations and foreign data protection laws have a new ally, the American Bar Association (“the ABA”). The ABA recently passed Resolution 103, which “urges” that: [W]here possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the… Continue Reading

India Issues Clarification of Recent Privacy Rules

Posted in International

As mentioned in a prior post on this blog, earlier this year the Indian Ministry of Communications and Information Technology issued new privacy and data security rules under the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 (the “Privacy Rules”). The strict consent requirements relating to the collection… Continue Reading

What’s new in Europe?

Posted in International

While the European Commission is seeking to update its 15-year-old Directive regarding the protection of personal data, several regulations have been passed to strengthen privacy rights in Europe. With all this activity, it’s clear that the United States is not the only country trying to adapt its privacy and information security standards to rapidly evolving technologies and marketplaces. Companies with an international presence need to stay alert to stay compliant. We can help!

Article Alert: Trivedi Talks Indian Privacy

Posted in International

India recently adopted a privacy and data security regulatory regime that fills the previous void of any such regulation with requirements that may force companies with operations in India and companies that outsource certain functions to Indian service providers to change the way they operate in order to comply. Visit our blog to see Proskauer attorney Paresh Trivedi’s article on the new Indian privacy rules.

Can I ask you a personal question? What is your computer’s IP address?

Posted in International

In a September 8, 2010 opinion, Switzerland’s highest court announced that Internet Protocol (IP) addresses are personal information protected by the country’s data protection laws. The Swiss Federal Supreme Court’s ruling in In re Logistep AG, BGer, No. 1C-285/2009, 1C_295/2009, 9/8/10, adds to the longstanding debate over whether such information is personal information despite the fact that a single IP address can be attributed to more than one computer user. While the debate is far from over, the Logistep decision makes clear that businesses collecting information about individuals’ Internet activities, particularly those with operations in Europe, must treat IP addresses with care, as they may be protected by privacy laws in some jurisdictions.

New Mexican Data Protection Law is Signed by the President

Posted in International

Earlier, we reported on the passage of a sweeping new data protection law in Mexico. Recently, the law went into effect earlier this month. The new law drastically expands the powers of Mexico’s data protection authority, which has now been renamed the "Federal Institute of Access to Information and Data Protection."

French Supreme Court Limits the Scope of the Whistleblowing Processes

Posted in International

The implementation of codes of conduct and whistleblowing systems is expanding at the international level. Global companies must pay attention to local law requirements when rolling out these codes in foreign countries, in order notably to comply with the rules and regulations provided by the local data protection authorities to govern data processing. A recent… Continue Reading

A New Solution for Global Outsourcing? The EU Commission Considers New SCCs For Cross-Border Data Transfers

Posted in European Union, International

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

U.K. Internet Publication Rule Upheld; Internet Viewings Constitute Republication

Posted in International

On March 10, 2009, the European Court of Human Rights held that the British Internet publication rule does not violate the right to free expression guaranteed by Article 10 of the European Convention. The case has profound implications for those bringing privacy- or disclosure-related tort claims based on materials available on the Internet – where U.K. law… Continue Reading

Google Execs Face Privacy-Related and Other Criminal Charges for Taunting Video

Posted in International, Invasion of Privacy

Several Google executives, including the Company’s global privacy counsel, Peter Fleischer, will face criminal charges in Italian court stemming from Italian authorities’ two-year investigation of a video posted on Google Video showing a disabled teen being taunted by classmates. The video, posted in 2006, depicts four high school boys in a Turin classroom taunting a classmate with Down syndrome and ultimately hitting the young man over the head with a box of tissues. Google removed the video on November 7, 2006, less than twenty-four hours after receiving multiple complaints about the video. Nonetheless, Fleischer and his Google colleagues face criminal charges of defamation and failure to exercise control over personal information that carry a maximum sentence of three (3) years.

Privacy Issues When “Computing in the Cloud”

Posted in Cloud Computing, European Union, International

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

International Privacy Issues and More Addressed in New International Practice Guide

Posted in International

Proskauer Rose LLP has just released “Proskauer on International Litigation and Arbitration: Managing, Resolving, and Avoiding Cross-Border Business and Regulatory Disputes.” The online guide is a practical reference work for businesses and practitioners; it explores best practices and creative yet practical approaches to manage, resolve, and avoid controversies affecting multiple jurisdictions. The 28-chapter guide is available free in e-Book format at www.proskauerguide.com. It includes a thorough chapter on international privacy law.