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PRESIDENT OBAMA ANNOUNCES SURVEILLANCE REFORMS:

Written by: Aravind Swaminathan, Michelle Anderson and Jim Halpert In a speech that garnered worldwide attention, President Barack Obama has announced important reforms in the ways the United States government will gather, store, use and retain signals-related information. These changes will soon affect many companies, both in the US and globally. In a DLA Piper Client … Continue Reading

APRA releases prudential practice guide on managing data risk

The Australian Prudential Regulation Authority (‘APRA’) recently issued its new prudential practice guide, ‘Managing Data Risk’. In a world where data plays a key role in the structure of life as we know it, understanding and effectively managing the risks associated with data and our reliance on it are crucial to all business. This article … Continue Reading

What’s in an indemnity anyway?

There is a noticeable trend for the list of “indemnified” losses in IT and outsourcing contracts to be getting longer and longer. Our commercial/business colleagues and clients can see the lawyers get very hot under the collar in arguing about them, and yet it can be difficult to articulate quite why this is an issue, … Continue Reading

The most ambitious plan in 26 years of telecoms market reform? No way!

The European Commission’s claim that this weeks proposed new telecoms regulation constitutes “the most ambitious plan in 26 years of telecoms market reform” is preposterous. That honour must belong to the set of new directives in 2002 which transformed the structure of telecoms regulation and facilitated competition throughout Europe. Instead the plans make great play … Continue Reading

BELGIUM: CYBER SURVEILLANCE OF EMPLOYEES BY EMPLOYERS

WRITTEN BY:  Patrick Van Eecke The Belgian Privacy Commission has finally clarified whether or not, and under which circumstances an employer is allowed to monitor the use of internet, e-mail and other e-communication tools by its employees. Prior to the Commission’s additional guidance in this respect, employees could in principle argue that under art. 124 … Continue Reading

BELGIUM: UPDATE ON PERSONAL DATA SECURITY BREACHES

Following several recent widely publicized data breaches in Belgium, the Privacy Commission issued a new recommendation on security measures and data breaches. The recommendation builds further on its previously issued security reference measures and details specific security requirements regarding a.o. IT architecture and development and production environments. Remarkably, the Privacy Commission introduces a security breach … Continue Reading

Saudi Arabia’s telecoms market opens up for competition

What has happened? The telecoms regulator in the Kingdom of Saudi Arabia (KSA) has set a deadline of 4 May 2013 for companies to submit applications for three mobile virtual network operator (MVNO) licenses in the KSA, as the market opens up for further competition. The winners of the licenses will be announced twelve weeks … Continue Reading

OFCOM’s letter on number portability threatens MVNO and Telecoms Resellers’ businesses

A little-noticed public letter published on 7th December by OFCOM, the UK telecoms regulator, states that in their view resellers of telecoms services do NOT have the right to “port” all the numbers which have been allocated to them by another communications provider when, for example, they wish to switch to another wholesale provider. Only … Continue Reading

OFCOM forces BT to offer GBP£100m in refunds to wholesale ethernet customers

OFCOM, the UK telecoms regulatory, recently published the results of its determination on a set of disputes relating to BT’s charges for wholesale Ethernet services to Sky, TalkTak, Virgin Media, Cable & Wireless and Verizon. The disputes concerned BT’s charges for “Wholesale Extension Services” and “Backhaul Extension Services”, used by communications providers to provide broadband … Continue Reading

Ninth Circuit Approves Provisional Class Action Certification in TCPA Class Action, Defines “Prior Express Consent”

Written by Joshua Briones and Ana Tagvoryan The Ninth Circuit has issued a pro-plaintiff ruling, in Meyer v. Portfolio Recovery Assocs., LLC, which upholds a preliminary injunction against a defendant and defines the meaning of “prior express consent” in the context of a Telephone Consumer Protection Act class action collection case. The TCPA’s restrictions on telephone … Continue Reading

Senate Failed to Move on Cybersecurity Bill — Is an Executive Order on the Horizon?

Late last week, in a vote of 51-47, the Senate blocked consideration of Senator Lieberman’s cybersecurity legislation, voting down Sen. Liberman (I.-Conn.) and Sen. Collins (R.-Maine) procedural motion to move forward on the Cybersecurity Act of 2012. Among other components of the bill, the would have directed various federal agencies to address cybersecurity risks to conduct an assessment of cybersecurity risks to … Continue Reading

Mobile App Providers Warned — Post Privacy Policies

The California Attorney General has made good on her promise to apply the state’s privacy laws to mobile app providers.  Under the California Online Privacy Protection Act, operators of commercial websites and online services that collect personal information are required to conspicuously post privacy policies.  Attorney General Kamala Harris has stated that the law also … Continue Reading

UK’S OFFICE OF FAIR TRADING INVESTIGATES ONLINE CONSUMER PROTECTION

Written By Duncan Calow, Mary Mullen and Maria Belmahi In February 2012, the UK’s Office of Fair Trading announced it was investigating 156 websites (among the top 100 UK online retail websites and the top clothing retailers) looking for potential breaches of consumer protection laws. That investigation has now borne fruit. The OFT recently confirmed that 62 … Continue Reading

NEW TOUGH PRIVACY REGIME IN THE PHILIPPINES:

Written By Alec Christie and Arthur Cheuk The Philippines’ first ever consolidated data privacy legislation, the Data Privacy Act of 2012, is now in effect. The act came about, in no small part, as a result of the lobbying of the country’s IT, call center and outsourcing industries, which, rightly, believed they would not be … Continue Reading

HULU IS A “VIDEO TAPE SERVICE PROVIDER” UNDER VPPA, COURT RULES

August 20, 2012 By Jim Halpert and Kate Lucente A magistrate judge in the Northern District of California has refused to grant a motion to dismiss a Video Privacy Protection Act (VPPA) putative class action claim brought against video streaming service Hulu. The August 10 decision in In re Hulu Privacy Litigation holds that the … Continue Reading

Banking on Facebook — The View from Australia

In the competitive world of personal finance banks are continuously looking for new ideas to gain a small commercial advantage over the competition.  Consequently, we have seen the introduction of internet banking and more recently the conduct of transactional banking on mobile phones.  Into this crowded arena the Commonwealth Bank ofAustraliaannounced this month its intention … Continue Reading

European Union to look at net neutrality on Mobiles

Neelie Kroes, the Digital Agenda commissioner of the EU made a somewhat unexpected announcement today – she said she will prepare recommendations concerning “net neutrality” in Europe and she suggested she will “try to make it easier for consumers to switch service providers.” Proponents of “Net neutrality” see it as a policy that “forces service providers … Continue Reading
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