A heightened risk for cyberattacks and data breaches calls for companies to remain diligent as they navigate a patchwork of federal, state, local and sector-specific privacy and data protection laws, regulations and guidance. For Financier Worldwide, Margaret A. Dale and Ryan P. Blaney deliver commentary on the evolving landscape and offer considerations for companies looking … Continue Reading
With less than a month to go until the UK is due to leave the EU (at 11pm GMT/12pm CET on 29 March 2019), there is still much uncertainty as to whether, and if so how, the UK will exit the EU (commonly dubbed “Brexit”). In light of this uncertainty we outline what will happen, … Continue Reading
The California Consumer Privacy Act (CCPA) is a major new state law poised to affect the privacy landscape not just in California, but in the U.S. as a whole. (For a detailed overview of the CCPA, read our previous post.) On August 31, the California legislature passed several amendments to the CCPA that will have a … Continue Reading
This has been a big year in the data protection world, with the headline-grabbing General Data Protection Regulation (GDPR) occupying most of the spotlight with its plethora of privacy-related requirements and potential for high fines for violators. While companies (justifiably) may be focused on the GDPR at the moment, it’s also important to keep an … Continue Reading
The General Data Protection Regulation (GDPR) comes into force across the European Union (EU) on 25 May 2018. It will have an impact on EU fund managers and may have an impact on non-EU fund managers depending on their operations. Below are FAQs to help EU and non-EU fund managers determine the extent to which the … Continue Reading
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
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
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
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
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, 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
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
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
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
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
The US-EU Safe Harbor has been back in the news recently as Germany’s data protection commissioners met at the end of January and expressed impatience at the delay in implementing what many view as necessary reforms to the program. The European Court of Justice also recently heard a challenge to Facebook’s reliance on the Safe … Continue Reading
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
The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data subjects with a “right to be forgotten.”… Continue Reading
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
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
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
The Sixth Circuit Court of Appeals recently held that a computer fraud rider to a "Blanket Crime Policy" covers losses from a hacker's theft of customer credit card and checking account data.
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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.
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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.
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