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Global Cyberattack Exploits Known Vulnerabilities

As you likely know by now, international cybercriminals launched a worldwide ransomware attack last Friday with the European law enforcement agency Europol reporting over 100,000 affected organizations in 150 countries, including the U.S. Reports indicate that health care providers, universities, and other large companies were all targeted. The Department of Health and Human Services also … Continue Reading

Top 10 for 2017 – Happy Data Privacy Day

In honor of Data Privacy Day, we provide the following “Top 10 for 2017.”  While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2017. 1.  Phishing Attacks and Ransomware – Phishing, as the name implies, is the attempt, usually via email, to obtain sensitive or personal … Continue Reading

EU Top Court Rules IP Addresses Maybe Protected Personal Data

In a decision that could have significant impact for online companies that have European operations, the European Union’s (EU) top court ruled that Internet Protocol addresses (IP addresses) could, under certain circumstances, constitute protected data under EU data protection law (Breyer v. Bundesrepublik Deutschland, E.C.J., No. C-582/14, 10/19/16).  As most of us know, the IP … Continue Reading

EU-U.S. Privacy Shield Q&A

Last month, the European Union and U.S. officials announced final approval of the EU-U.S. Privacy Shield (Privacy Shield), replacing the Safe Harbor which was invalidated by the Court of Justice of the European Union in October 2015.  Like it predecessor, the Privacy Shield will allow organizations based in the United States to self-certify compliance with the Privacy … Continue Reading

The Privacy Shield Is Finally Here

Earlier today the European Union and U.S. officials announced the final approval of the EU-U.S. Privacy Shield data transfer agreement (“the Privacy Shield”).  Beginning August 1, 2016, organizations based in the U.S. will be able to self-certify their compliance with the Privacy Shield. The Privacy Shield is meant to replace the EU-U.S. Safe Harbour agreement … Continue Reading

European Parliament: EU-U.S. Privacy Shield Needs Further Improvement

Earlier today, the European Parliament passed a non-legislative resolution saying the EU Commission should go back to negotiating with the United States to remedy “deficiencies” in the proposed EU-U.S. Privacy Shield for EU citizens’ data which is transferred to the US for commercial purposes. The resolution, which passed by a vote of 501-119, with 31 … Continue Reading

European Commission Unveils EU-U.S. Privacy Shield (Update)

Earlier today, the European Commission (the Commission) issued a draft “adequacy decision” as well as the texts that will constitute the EU-U.S. Privacy Shield (the Privacy Shield). This includes the Privacy Shield Principles companies have to abide by, as well as written commitments by the U.S. Government on the enforcement of the arrangement, including assurance … Continue Reading

The Status of the EU-U.S. Privacy Shield

As we previously reported, the EU and U.S. reached agreement last week on the EU-U.S. Privacy Shield to replace the invalidated EU-U.S. Safe Harbor Program for transatlantic data transfers.  While the announcement of the Privacy Shield is a relief to the thousands of companies who relied on the Safe Harbor Program, details remain unclear. What … Continue Reading

New Safe Harbor Framework!

Compliance and privacy officials all over the U.S. just let out a breath they had been holding since last October when the European Court of Justice invalidated the US/EU Safe Harbor Program. BNA is reporting that negotiators just reached an agreement on a new data transfer framework between the U.S. and the European Union. Details … Continue Reading

Safe Harbor Resolution…Not So Fast

UPDATE:  Although we previously reported that a possible Safe Harbor resolution may be imminent, Bloomberg BNA is now reporting that a European Commission official has told them there may be no deal today to replace the U.S.-EU Safe Harbor Program. According to BNA, when European Commissioner for Justice, Consumers and Gender Equality Justice Vera Jourova goes … Continue Reading

EU Publishes Text of New General Data Protection Regulation

On December 17, 2015, following four years of sometimes acrimonious debate, the EU Parliament and Council of the European Union informally agreed on the final draft of the General Data Protection Regulation (“GDPR”). The GDPR will replace what privacy experts refer to simply as “95/48” –or the 1995 law known as EU Data Protection Directive— … Continue Reading

EU / US Closer to Safe Harbor Replacement, says EU Official

As most readers are aware, the Court of Justice of the European Union (CJEU) rule in Schrems v. Data Protection Commissioner (Case C-362/14) on October 6, 2015, the voluntary Safe Harbor Program did not provide adequate protection to the personal data of EU citizens. Post Schrems U.S. companies have been unclear what to do to … Continue Reading

On the Heels of FTC, FCC Joins GPEN to Better Watch Data Abroad

Data is rarely still. It is captured, processed and moved around the world at speeds we wouldn’t have dreamed possible 20 years ago. Data often disrespects borders. By way of example, companies often mistakenly store personal data in the cloud to be accessed by multiple international locations, without considering the legal rights of the data … Continue Reading

A Broadened Crackdown on EU/U.S. Safe Harbor Violations

In the wake of the Edward Snowden’s intelligence leaks and increasing concerns about the use of personal information, the Center for Digital Democracy recently filed a Fair Trade Commission complaint alleging that 30 US Databrokers and data management firms had violated the European Union’s Privacy Directive Safe Harbor framework.  According to the CDD, the collection … Continue Reading

Dealing with Personal Information at the Water’s Edge…

Privacy and data security issues and concerns do not stop at the water’s edge. Companies needing to share personal information, even when the sharing will take place inside the same “company,” frequently run into challenges when that sharing takes place across national borders. In some ways, the obstacles created by the matrix of federal and … Continue Reading
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