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
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
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
The Internal Revenue Service issued a fraud alert for international financial institutions complying with the Foreign Account Tax Compliance Act (FATCA). According to the report, scam artists posing as the IRS – through attacks known as “phishing attacks” – have fraudulently solicited financial institutions seeking account holder identity and financial account information. Financial institutions regularly … Continue Reading
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
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
