Archives: Privacy and Data Security

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UK: Commitment to introduce new Data Protection Bill in line with GDPR principles

Yesterday the UK Government set out its legislative programme for the next Parliamentary term, through the Queen’s Speech. Whilst Brexit will dominate the legislative agenda, data protection received special mention with a commitment to introduce a new Data Protection Bill. The Bill will reiterate the UK’s commitment to implementation of the principles of privacy enshrined … Continue Reading

FTC Updates COPPA Guidance: Six-Step Compliance Plan for Your Business

Written by Michelle Anderson and Samantha Glazer In a June 21, 2017 blog post, the FTC announced updates to its Six-Step Compliance Plan for Your Business under the Children’s Online Privacy Protection Act (COPPA). The revisions make clear that the FTC considers new business models (e.g., voice-activated devices) and products (e.g., connected toys) to be … Continue Reading

AUSTRALIA: Increased focus on global privacy and data protection for Australian organizations

By GSC Marketing Authors: Sinead Lynch and Jessica Noakesmith Regulators around the world are, and will be, taking a much closer look at rules on the protection of individual personal data and the security of their citizen’s information. The onslaught of the new and arduous General Data Protection Regulation (GDPR) regime in Europe, the recent … Continue Reading

New Mexico becomes 48th state to enact a data breach law, plus US state-level updates

Written by Jim Halpert and Anne Kierig An active spring state legislative session has already produced a few new state data breach laws. Notably, when New Mexico HB 15 was signed into law on April 6, the state became the 48th in the nation to have a data breach law on the books. The only … Continue Reading

Congress Rolls Back FCC Broadband Privacy Rules: What Does It Mean?

Written by Sydney White and Jim Halpert This week the US House of Representatives passed a Congressional Review Act (CRA) resolution of disapproval of the US Federal Communications Commission (FCC) broadband privacy rules that were approved by the FCC in a straight partisan vote at the end of the Obama Administration, but have not yet … Continue Reading

New York AG Announces Record Year for Data Breaches in New York – and Updates Guidance on Reasonable Security Measures

Written by Michelle Anderson and Anne Kierig New York Attorney General Eric Schneiderman announced that his office received a record number (1,300) of data breach notices in 2016. In the press release, Attorney General Schneiderman also provided a list of recommendations for how organizations can help protect sensitive personal data—a list that could be used … Continue Reading

FRANCE: The French Data Protection Authority (CNIL) Publishes 6-Step Methodology For Compliance With GDPR

Written by Carol Umhoefer and Caroline Chancé  On March 15, 2017, the CNIL published a 6-step methodology for companies that want to prepare for the changes that will apply as from May 25, 2018 under the EU the General Data Protection Regulation (“GDPR”). The abolishment under GDPR of registrations and filings with data protection authorities … Continue Reading

Commerce to Begin Accepting Swiss-US Privacy Shield Applications in a Month

As we noted in our January blog post Swiss-US Privacy Shield Adopted, Aligns with EU-US Privacy Shield, the Department of Commerce will begin accepting self-certifications to the Swiss-US Privacy Shield on April 12, 2017. In response to frequently asked questions, Commerce provides guidance on how to self-certify: Companies already certified under the EU-US Privacy Shield: … Continue Reading

Data protection laws and AI: What can we learn from the GDPR?

Written by Giangiacomo Olivi  Connected devices that exchange substantial volumes of data come with some obvious data protection concerns. Such concerns increase when dealing with artificial intelligence or other devices/robots that autonomously collect large amounts of information and learn though experience. Although there are not (yet) specific regulations on data protection and artificial intelligence (AI), … Continue Reading

CHINA DATA PROTECTION UPDATE (JANUARY 2017)

Guidance on who is a “key information infrastructure operator” under the PRC Cybersecurity Law, and draft regulations on handling minors’ data In the rapidly evolving data protection compliance environment in the People’s Republic of China, this month has seen some helpful clarification around two areas of uncertainty – namely:  some further indications as to whom … Continue Reading

Blog Post: Swiss-US Privacy Shield Adopted, Aligns with EU-US Privacy Shield

Written by Michelle Anderson The Department of Commerce International Trade Administration and Swiss Federal Council announced on January 11, 2017, the creation of a Swiss-US Privacy Shield framework that will “apply the same conditions as the European Union” under the EU-US Privacy Shield framework. This is welcome news for companies that transfer personal data from … Continue Reading

Presidential Commission Issues Recommendations for Improving Public and Private Sector Cybersecurity

Written by James Duchesne The President’s Commission on Enhancing National Cybersecurity (the “Commission”) recently issued a thoughtful report on improving the United States’ cybersecurity posture.  (The full report can be read here.)  The majority of the Commission’s recommendations would require action by the Trump Administration but may nonetheless prove influential.   The Commission was charged under … Continue Reading

EU – First GDPR Guidance published by Article 29 WP

The Article 29 Working Party (‘WP29’) has issued its first guidance on GDPR topics. This guidance (including FAQs) relates to: the right to Data Portability; Data Protection Officers (DPO); and the Lead Supervisory Authority. While WP29 announced that more opinions and guidance will follow – for example, guidelines on Data Protection Impact Assessments and Certification … Continue Reading

CHINA: Significant changes to data and cybersecurity practices under PRC Cybersecurity Law

Written by Carolyn Bigg After a third deliberation, the Chinese government passed the new PRC Cybersecurity Law on 7 November 2016. The new law will come into force on 1 June 2017 and has significant implications for the data privacy and cybersecurity practices of both Chinese companies and international organisations doing business in China. The … Continue Reading

CASL made clearer: CRTC releases its first compliance and enforcement decision under Canada’s Commerce Messages Law

Written by Kelly Friedman, Tamara Hunter and Jim Halpert The Canadian Radio-Television and Telecommunications Commission (CRTC) has issued its first Compliance and Enforcement Decision for violation of Canada’s anti-spam legislation (CASL). Until now, CRTC CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the  Enforcement Branch and the company. But this decision, … Continue Reading

Managing third parties under the Privacy Shield needs care

Written by Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert Controllers need to negotiate contract terms with third-party controllers and processors that are consistent with the controller’s obligations under the Shield. By Rena Mears, Ryan Sulkin, Eric Roth and Jim Halpert. The Privacy Shield’s heightened infrastructure, regulatory, and documentation requirements present participating companies with … Continue Reading
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