Privacy Law Blog

Tag Archives: data protection

What Employers Need to Know about Europe’s General Data Protection Regulation

Proskauer has released a white paper on “What Employers Need to Know about Europe’s General Data Protection Regulation.” As you may know, on April 14, 2016, the European Parliament approved the General Data Protection Regulation (“GDPR”), which will replace the EU’s current data privacy standard and begin to apply on May 25, 2018. This paper … Continue Reading

Draft Privacy and Electronic Communications Regulation published by European Commission

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended to replace the ePrivacy Directive (2002/58/EC) and will also bring the law in line with the new rules as set out in the General Data Protection … Continue Reading

New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Cécile discussed the passing of the Digital Republic Bill and its implications for organizations, as well as the latest developments regarding employee monitoring in France and the upcoming changes with … Continue Reading

The Clock Has Started: What ISPs Need to Do and When to Comply with the FCC’s Broadband Privacy Rules

On December 2, 2016, the Federal Communications Commission (“FCC”) published its Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (the “Order”) as a final rule in the Federal Register, adopting rules applicable to Internet service providers (“ISPs”) intended to protect the privacy of broadband consumers. Despite the publication … Continue Reading

Privacy Law in Saudi Arabia: A Primer for Businesses

Proskauer litigation associate Courtney Bowman and Jonathan Reardon, head of the Al Khobar, Saudi Arabia office of the Middle East-based firm Al Tamini & Co., recently co-authored an article published by Corporate Counsel about privacy laws in Saudi Arabia.  The article provides valuable insight into the Kingdom’s privacy regime and focuses specifically on the central … Continue Reading

TalkTalk handed record fine in data protection breach in the UK

TalkTalk, a major UK telecoms company, has been fined £400,000 for a data breach after they were hacked. This is a record fine given by the ICO (the UK’s data protection authority).  Significantly the fine was imposed after a change of leadership this summer when Elizabeth Denham (previously the Information Commissioner in the Canadian province of … Continue Reading

Privacy Pros Invited to Confront GDPR Application

Proskauer Counsel Cécile Martin was recently interviewed by DataGuidance’s “Privacy This Week” covering new guidance issued by the French data protection authority (‘CNIL’) on June 15, 2016. The guidance highlights the main changes in relation to the General Data Protection Regulation (‘GDPR’). On June 16, 2016, CNIL launched an online consultation regarding the interpretation and … Continue Reading

EU Officials (Finally) Agree on New Data Protection Regulation

After nearly four years of negotiation and wrangling, European Officials announced yesterday that they had finally reached agreement on the language for the EU’s new General Data Protection Regulation (“Regulation), which will replace the aging 1995 Data Protection Directive (“Directive”). In many ways, the announcement is welcome news as it will harmonize what had become … Continue Reading

The European Commission Issues Guidance on Alternative Cross-Border Data Transfer Tools

Today, one month after the European Court of Justice decision that invalidated the Safe Harbor framework, the European Commission (the “Commission”) issued a Communication setting forth its position on alternative tools for the lawful transfer of personal data from the EU to the United States.  The Commission also stated its objective to conclude negotiations with … Continue Reading

German DPAs Announce Policy Severely Limiting Mechanisms for Lawful Germany-to-U.S. Data Transfers

Over the course of the coming weeks, we will examine the various options available to companies in light of the European Court of Justice’s (CJEU) decision invalidating the US-EU Safe Harbor framework, including model contracts, binding corporate rules (BCRs), consent and reliance on derogations. News out of Germany, however, indicates that a one-size-fits all approach … Continue Reading

European DPA’s Give Privacy Recommendations to Stakeholders Regarding the “Internet of Things”

The Article 29 Working Party, which is composed of representatives of DPA’s from every European country, has recently rendered an opinion (http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2014/wp223_en.pdf ) on data privacy issues surrounding the development of the “Internet of Things” (IoT), which includes wearable computing, quantified self devices, and domotics. Although such data is generated by “things” or devices, it … Continue Reading

PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk

On August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting third-party service providers (“TPSPs”) with consumer payment information.  More and more merchants use TPSPs to store, process and transmit cardholder data or manage components of the entity’s cardholder … Continue Reading

European Union Parliament Makes Progress on Adopting Proposed EU Data Protection Regulation

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

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

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

French Data Protection Agency Restricts the Scope of the Whistleblowing Procedures: Multinational Companies Need to Make Sure They Are Compliant

By a decision dated October 14, 2010, and published on December 8, 2010, the French Data Protection Agency (known under the acronym CNIL) revised the deliberation that it issued on December 8, 2005. At that time, the CNIL had issued a deliberation to reach a compromise between the United States' Sarbanes-Oxley ("SOX") requirements and French law. According to Article 1 of that deliberation, companies were authorized to adopt whistleblowing systems implemented in response to French legislative mandates, regulatory internal control requirements (e.g. regulations governing banking institutions), or the whistleblowing requirements of the SOX Act. According to Article 3 of the 2005 deliberation, alleged wrongdoings not encompassed within these core areas may be covered by the whistleblowing system only if vital interests of the company or the physical or psychological integrity of its employees were threatened. … Continue Reading

French Data Protection Agency Issues Guidelines to Help Companies Strengthen the Security of their Data Processing

To assist companies to comply with European data protection laws, in particular those implemented in France, the French Data Protection Agency (known as "CNIL") recently issued a set of guidelines organized by topic which provide elementary precautions to be taken by data controllers in several subject areas, including what types of conduct are prohibited as well as the CNIL's recommendations in these areas. … Continue Reading

European Privacy Law And Social Networking

  With social networking sites proliferating across international boundaries, privacy and data protection concerns are becoming increasingly relevant. With these concerns in mind, the Article 29 Working Party, an independent European advisory body on data protection and privacy, adopted an opinion on online social networking on June 12, 2009. As noted by the Working Party, the … Continue Reading

UK Data Protection Authority Publishes Draft Guidelines for Implementing Privacy Policies

The UK Information Commissioner Office ("ICO", the UK data privacy agency) has recently issued an informative code of practice to assist companies collecting personal data so that they can better draft clear privacy notices to data subjects about how the company intends to use personal data, and especially when such data is considered to be … Continue Reading

European Commission Data Protection Working Party Issues Opinion on Search Engine Data Protection

The European Commission Article 29 Data Protection Working Party ("Working Party") recently released its opinion on data protection issues related to search engines. The opinion specifically addresses the applicability of the Data Protection Directive (95/46/EC) and the Data Retention Directive (2006/24/EC) to the processing of personal data by search engines. … Continue Reading

Federal Trade Commission Announces Settlement with TJX Over Inadequate Security Practices

According to a proposed settlement announced by the Federal Trade Commission (“FTC”) on March 27, 2008, discount retailer TJX will be required to implement a comprehensive information security program to remedy deficiencies in protecting sensitive consumer information. If approved, the settlement will resolve allegations that the company engaged in practices that failed to provide reasonable and … Continue Reading

In Response To TJX Data Breach, One State Enacts Legislation Imposing New Security and Liability Obligations; Similar Bills Pending in Five Other States

Lawmakers in six states have responded quickly to the massive data breach at TJX Companies, Inc. with various bills designed to strengthen merchant security and/or render companies liable for third party companies’ costs arising from data breaches. These latest bills – introduced in California, Connecticut, Illinois, Massachusetts, Minnesota and Texas – represent a new front of … Continue Reading
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