Data Transfer from the European Union to the United States is a knotty process. The difficulties were compounded this summer when Europe’s highest court held the “Privacy Shield” program enabling U.S-E.U. data transfers...more
11/25/2020
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information
The sword finally fell. Last week, the European Union’s (EU) highest court, the Court of Justice (CJEU) invalidated Privacy Shield. Privacy Shield was a legal framework that enabled EU companies to process data in the United...more
The ink had barely dried on the Alabama’s new data breach notification statute (which made it the 50th state to enact such legislation) when California upped the ante. In an effort to head off a November ballot initiative,...more
Given recent headlines, ranging from Facebook to Cambridge Analytica to the City of Atlanta’s ransomware attack, the logical inference is that the European Union’s General Data Protection Regulation (GDPR) is a product of our...more
The European Union’s antitrust regulator recently imposed a record €2.42 billion fine against Google, finding that the company had “abused its market dominance as a search engine by giving an illegal advantage to another...more
7/6/2017
/ Abuse of Dominance ,
Antitrust Division ,
Antitrust Violations ,
Department of Justice (DOJ) ,
EU ,
Functionality ,
General Data Protection Regulation (GDPR) ,
Google ,
Microsoft ,
Multinationals ,
Smart Devices ,
Technology Sector
The hour cometh. The European Union’s General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”) goes into effect on May 25, 2018. If a company processes or stores the personal data of EU residents (not...more
We have previously noted that the the U.S.-E.U. Privacy Shield data transfer may not be dead, but it is ailing. These concerns have been exacerbated by a January 25, 2017 presidential Executive Order (EO) “Enhancing Public...more
Editor's Note: In the world of cyber law, privacy and cybersecurity, one of the largest and most colorful figures is Stewart Baker, whose resume includes a stint as General Counsel at the National Security Agency and...more
The United States has traditionally taken a libertarian approach to data privacy: “what is not forbidden is permitted.” Outside sensitive sectors such as health (HIPAA) and finance (GLBA), the United States was historically...more
12/20/2016
/ Corporate Counsel ,
Data Privacy ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Internet Service Providers (ISPs) ,
National Security ,
Popular ,
Safe Harbors ,
Schrems I & Schrems II
It's coming. The European Union’s General Data Protection Regulation (GDPR) will come into effect on May 25, 2018. If your business involves processing EU citizen data, you will be subject to GDPR – even if your sole location...more
Anyone who has ever bought insurance, resented the premium, contested a claim denial, or piled up hours and papers dealing with insurers would welcome anything that promised to lower their rates. Admiral, a British insurer...more
11/7/2016
/ Algorithms ,
Apple Watch ,
Data Collection ,
Data Processors ,
Facebook ,
Fitbit ,
General Data Protection Regulation (GDPR) ,
Health Insurance ,
Insurance Industry ,
Internet of Things ,
Privacy Concerns ,
Social Networks
Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more
Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more
8/16/2016
/ Article 29 Working Party (WP29) ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
OECD ,
Ombudsman ,
Schrems I & Schrems II ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The excitement surrounding the unexpected Brexit results has drowned out less dramatic stories. With David Cameron’s resignation as Prime Minister and Jeremy Corbyn’s position as Leader of the Opposition increasingly...more