The EU Commission issued today a “Communication to the European Parliament and the Council” which is entitled “Data protection rules as a trust enabler in the EU and beyond- taking stock”, which outlines the current state of...more
Dear GDPR,
Before you were born, you already attracted a lot of attention, after all, not everyone is born over two years after they are conceived and has 28 parents! And your parents had to ?resist an enormous pressure...more
5/29/2019
/ Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Enforcement Actions ,
EU ,
EU Data Protection Laws ,
European Supervisory Authorities (ESAs) ,
General Data Protection Regulation (GDPR) ,
Personal Data
We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes...more
4/1/2019
/ Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Data-Sharing ,
Digital Single Market ,
E-Commerce ,
EU ,
European Copyright Directive ,
Information Technology ,
Intellectual Property Protection ,
Internet ,
Licensing Rules ,
Member State ,
Online Platforms ,
Regulatory Oversight ,
Regulatory Requirements ,
Startups
On January 23, 2019, the European Data Protection Board (“EDPB”) issued an interesting opinion about personal data processed in relation to clinical trials.
The main role of the EDPB – which succeeded the Article 29...more
2/21/2019
/ Clinical Trials ,
Consent ,
Data Collection ,
Data Protection ,
EU ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Pharmaceutical Industry ,
Public Interest ,
Scientific Research
On January 11, 2019, the Cancellation Division of the European Union Intellectual Property Office (“EUIPO”) rendered a surprising decision that revoked in its entirety the McDonald’s Company’s BIG MAC trademark registration,...more
On 21 January 2019, the French Data Protection Authority (the “French DPA”) fined Google LLC 50 million euros for breach of the GDPR.
As we reported on this blog, just after GDPR became applicable, noyb.eu (None of Your...more
1/23/2019
/ Consent ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Data Storage ,
Disclosure Requirements ,
Enforcement Actions ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Google ,
Online Advertisements ,
Personal Data ,
Privacy Policy ,
Terms of Service ,
Transparency
On January 10, 2019, Advocate General Szpunar issued his much awaited opinion in the Google case that was referred to the European Court of Justice by the French “Conseil d’Etat”, the highest administrative court of the...more
Many companies share personal information they gather directly from individuals with “business partners” who use the information for their own direct marketing purposes. It is the case, for example, of companies that provide...more
Our experience in advising clients about GDPR and assisting them in the compliance process is that there are often misconceptions about the so-called “right to be forgotten”. The purpose of this post is to address some of...more
European harmonization in the field of copyright has always been challenging because the balance between authors’ rights and public interest is struck fairly differently from one country to another. The challenges of “the...more
On Friday, May 25, the day when GDPR became effective, noyb.eu (None of Your Business), the non-profit privacy organization recently set up by Max Schrems, filed the first complaints based on GDPR.
Max Schrems is the...more
The French National Assembly voted on May 14, 2018 to adopt changes that bring its existing Data Protection Act of 1978 in line with the EU’s General Data Protection Regulation (GDPR)....more
Cultural gap between the EU and the US -
EU Data Protection Rules -
Why should you care about those rules?
..GDPR is « general » i.e. it applies to all activities including the Healthcare/Life Sciences.
..As of...more
Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more
In the European Union (“EU”), “everyone has the right to the protection of personal data concerning him or her” under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the...more
On November 28, 2017, the EU’s Article 29 Working Party issued its report on the First Annual Joint Review of the EU-US Privacy Shield, which was conducted on September 18-19, 2017....more
The current challenge to Facebook’s privacy practices in Ireland (“Schrems II”) may be coming to a head. You will recall that in Schrems I, the challenge to Facebook’s privacy practices led to a decision issued by the...more
A 152 page judgment was rendered on October 3, 2017 by the Irish High Court in Schrems II: DPC v Facebook Final.
Nor surprisingly, the court decided to refer the case to the Court of Justice of the European Union to make...more
Even though the GDPR is a general regulation, some provisions are expressly addressing the specificities of the processing of personal data in the healthcare/life science sectors....more
The clock is ticking: on May 25, 2018, in less than a year from now, the General Data Protection Regulation (“the GDPR”) will apply in all Member States of the European Union (“EU”) and will replace the Directive 95/46/CE...more
New General Features of the GDPR -
Some of the GDPR general features may be of particular interest for companies in the healthcare/life science sectors....more
A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more
3/20/2017
/ Corporate Counsel ,
EU ,
European Court of Justice (ECJ) ,
Likelihood of Confusion ,
OHIM ,
Res Judicata ,
Trademark Application ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Young Lawyers
The new (EU) 2016/679 General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. Its scope is broader than that of the current 95/46/CE Directive, which means that more companies headquartered outside of...more
US companies with employees or clients in Switzerland will be interested to hear that the new Swiss-US Privacy Shield was approved on 11 January.
Although Switzerland is not a member of the European Union, its data...more
Reuters reported earlier this month that, according to three former employees, Yahoo Inc. had “complied with a classified U.S. government demand, scanning hundreds of millions of Yahoo mail accounts at the behest of the NSA...more