After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU...more
With the UK’s Brexit referendum dominating the news out of Europe over the past week, it may have been easy to miss a key development in the continuing Privacy Shield negotiations. On Friday, June 24, news outlets reported...more
The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had...more
The Privacy Shield, proposed this past February and greeted with cautious optimism by European and U.S. regulators alike as a more robust “replacement” for the invalidated Safe Harbor framework, appears to be suffering death...more
On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more
5/11/2016
/ Article 29 Working Party (WP29) ,
Binding Arbitration ,
Criminal Procedure ,
Data Processors ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Judicial Redress Act ,
Ombudsman ,
Opt-Outs ,
Personal Data ,
Popular ,
Schrems I & Schrems II ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
To say that mobile device usage has reached a tipping point would be an understatement. There are now more mobile devices than people in the world, a staggering 7.9 billion mobile devices for 7.4 billion people on Earth. In...more
4/5/2016
/ Advertising ,
COPPA ,
Corporate Counsel ,
Data Protection ,
Federal Trade Commission (FTC) ,
Internet of Things ,
Mobile Devices ,
Mobile Payments ,
Native Advertising ,
Popular ,
Proposed Legislation ,
Security and Privacy Controls ,
Smart Devices ,
Social Media ,
Tracking Systems ,
Young Lawyers
According to a 2015 report on threats to the financial services sector, 41% of financial services organizations polled had experienced a data breach or failed a compliance audit in the previous year, and 57% listed preventing...more
In the weeks since the October 6, 2015, Court of Justice of the European Union decision (“CJEU Decision”) that invalidated the EU-U.S. Safe Harbor framework, companies have been faced with the quandary of establishing legal...more
10/30/2015
/ Article 29 Working Group ,
Binding Corporate Rules ,
Cybersecurity ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Germany ,
International Data Transfers ,
National Security ,
Personal Data ,
Privacy Laws ,
Right to Privacy ,
Safe Harbors ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
As the number of highly publicized data breaches continues to skyrocket and proposals for a federal data breach notification law stagnate, state legislatures around the country have been busy amending their own breach...more
7/28/2015
/ Biometric Information ,
Breach Notification Rule ,
Data Breach ,
Data Security ,
Driver's Licenses ,
Email ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Identity Theft ,
Passwords ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Safe Harbors
A bill currently before Connecticut Governor Dannel P. Malloy would make the state the first in the nation to require identity theft protection for data breach victims. Senate Bill 949 was approved by both the Connecticut...more
Over the course of 2014, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) have continued their aggressive enforcement of the Foreign Corrupt Practices Act (“FCPA”). This has led to critical...more
Most analysts and commentators agree that 2014 was the year mobile reached a tipping point. With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in...more
1/26/2015
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Federal Trade Commission (FTC) ,
Internet of Things ,
JPMorgan Chase ,
Legislative Agendas ,
Marketing ,
Mobile Devices ,
Mobile Payments ,
Mobile Privacy ,
Popular ,
Privacy Policy ,
Smartphones ,
Uber
The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store....more
The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more
The first half of 2014 has seen several important developments in the enforcement of the Foreign Corrupt Practices Act (“FCPA”) as well as other anti-corruption laws worldwide. The FCPA has been in existence for more than 35...more
Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million...more
Earlier this month, the Federal Trade Commission (FTC) testified to the Senate Judiciary Committee’s Subcommittee for Privacy, Technology and the Law about proposed Senate Bill 2171, “The Location Privacy Protection Act of...more
6/20/2014
As the advent of “big data” increasingly takes center stage in the data and privacy sphere, data brokers—companies that compile and resell or share consumers’ personal data—have come under increased scrutiny. On May 27, 2014,...more
By now, you have probably heard about the FTC’s recent settlement with Snapchat, the popular mobile photo and video messaging service, over allegations that it deceived consumers with promises about the disappearing nature of...more
The recent discovery of the “Heartbleed” online bug has sent shockwaves through the internet, causing companies and individuals alike to question very basic assumptions about cyber security. The bug has allegedly existed for...more
The Federal Trade Commission (“FTC”) hosted a panel discussion, in late March on “Alternative Scoring Products” as part its 2014 Spring Privacy Series, signaling the Commission’s increased attention on this burgeoning...more