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International

18 May 2017

Responding to WannaCry

*This post was originally distributed as a privacy and cybersecurity client alert on Monday, May 15, 2017.  Sign up for our privacy and cybersecurity distribution list here.

As you likely will have heard, there is an ongoing major cyber-attack involving the WannaCry ransomware. It is affecting businesses across the world and across sectors, including financial services firms, healthcare entities and even manufacturers. We are actively advising clients on cybersecurity matters, and we have recently guided clients through ransomware attacks. We have also recently authored a major report on improving transatlantic cybersecurity in collaboration with the US Chamber of Commerce.

Following the WannaCry attack, many companies and their counsel will need to consider and coordinate the following: (more…)

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03 May 2017

New German Federal Data Protection Act Passed by German Parliament; Provisions Could Conflict with GDPR Undermining Uniformity

On 27 April 2017 the German Parliament passed the new Federal Data Protection Act (the Bundesdatenschutzgesetz or “new BDSG”) which from 25 May 2018 will replace the current German Data Protection Act. The new BDSG adapts German law in line with the EU’s new General Data Protection Regulation (the “GDPR”). The GDPR has direct effect in EU members states, but it allows member states to pass legislation which supplements the GDPR but is consistent with it.

(more…)

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17 April 2017

EU Lawmakers Say That Privacy Shield Deficiencies Must Be Fixed Urgently

On 6th April, 2017, the European Parliament adopted a resolution stating that there are deficiencies in the EU-US data transfer accord Privacy Shield which must be “urgently resolved” in order to give citizens and companies legal certainty. MEPs called on the EU Commission to conduct an assessment and to ensure that the Privacy Shield complies sufficiently with the EU Charter of Fundamental Rights and new EU data protection rules. (more…)

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30 March 2017

Italian DPA Imposes Largest Ever Fine Imposed by a European Data Protection Authority: UK Payments Company Found to Have Breached Consent and Other Rules

On February 2, the Italian Data Protection Authority, known as the “Garante,” imposed a fine of EUR 5,880,000 on a UK money transfer company that it found to be in violation of Italian data privacy rules. This is the largest ever publicly-known fine imposed by an EU data protection authority, and it approaches the level of fines that are likely to be imposed under the EU’s General Data Protection Regulation (“GDPR”) that will come into force in May 2018. Although the GDPR is not yet in force, the Garante’s enforcement action shows that European data protection authorities are willing to levy the kind of fines allowed by the GDPR.

(more…)

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22 March 2017

SURVEY TO BENCHMARK CYBERSECURITY COMPLIANCE

Cybersecurity compliance is becoming increasingly complicated with multiple regulators across the globe weighing in on your legal requirements to manage cyber risk. If you have wondered how others are approaching their compliance strategy, you are not alone.

You are invited to participate in a brief survey regarding your business’s approach to cybersecurity legal requirements. Specifically, the purpose of this survey is to learn how businesses like yours are responding to cybersecurity legal requirements under the European Union’s General Data Protection Regulation (GDPR) and Network and Information Security Directive (NIS Directive). In particular, we are interested in whether and if so, how businesses in the U.S. and the EU and elsewhere are applying the U.S. National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity to comply with these EU cybersecurity requirements.  Understanding which standards business are applying in order to comply with these requirements could be helpful in encouraging consistency of cybersecurity frameworks in the U.S., the EU and other regions.

Please use the link provided below to access the survey which will take very few minutes to complete. We plan to publish the results in approximately six weeks. Please note that no individuals or specific businesses will be identified in any published results without their express consent.

CLICK HERE to begin the survey.

Thank you for your participation.

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14 March 2017

Google’s Overseas Warrants: A Game of Tug-of-War Over Access to Data

On February 3, 2017, Eastern District of Pennsylvania Magistrate Judge Thomas J. Rueter ordered Google to comply with FBI search warrants to produce emails stored on foreign servers as part of a domestic criminal investigation.  In re Search Warrant No. 16-960-M-01 to Google (E.D. Pa. Feb. 3, 2017).  This ruling comes on the heels of the Second Circuit’s decision in Microsoft Corp. v. United States, 829 F.3d 197 (2d Cir. 2016) (denied rehearing on January 24, 2017), which reached an opposite decision and held that Microsoft could not be forced to turn over user data stored on a server located in Ireland.  (For more background, see Second Circuit Microsoft Ruling: A Plea for Congressional Action (August 8, 2016)).

(more…)

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08 March 2017

Australia’s Long Anticipated Breach Notification Law Passes

*The authors are not licensed to practice law in Australia, and this information is intended for educational purposes only.

Australia has passed data breach notification legislation requiring certain companies with annual revenue over AU $3 million  ($2.3 million) to notify the Australian Information Commissioner and affected individuals in the event of a qualifying data breach.

The Privacy Amendment (Notifiable Data Breaches) Bill 2016 (“the Bill”), which the Australian Senate passed on February 13th, amends the Privacy Act of 1988 (Privacy Act) to require that qualifying companies provide notification if there is “unauthorized access to, unauthorized disclosure of, or loss of, personal information by an entity,” and “the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.” According to the Office of the Australian Information Commissioner, examples of personal information include names, signatures, addresses, telephone numbers, dates of birth, medical records and “commentary or opinion” about individuals.

(more…)

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07 March 2017

ICO Publishes Draft Guidance on Consent Under the GDPR and Submit it to Public Consultation

On 2 March 2017, the UK Information Commissioner’s Office (“ICO”) published detailed draft guidance on consent under the GDPR and has submitted it for public consultation. This is the ICO’s first piece of specific GDPR guidance published further to its overview of the GDPR published last January.

The guidance sets out the ICO’s interpretation of the new requirements to obtain valid consent under the GDPR including its view of the role of consent in the GDPR, the benefits of getting consent right and the penalties for getting it wrong. The guidance also explains: (i) when consent is required or appropriate (or not) and the alternative to consent; (ii) what constitutes valid consent under the GDPR with specific guidance on children’s consent and consent for research purposes; (iii) advice on how to obtain, record and manage consent; and (iv) a consent checklist.

(more…)

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02 March 2017

The Continuing Impact of the Judgment of the Court of Justice of the European Union Declaring Invalid the European Commission’s Decision on U.S.-EU Safe Harbor

The decision by the Court of Justice of the European Union (the CJEU) on Oct. 6, 2015, invalidating the U.S.-EU Safe Harbor Decision (the Judgment) is a landmark judgment. Case C-362/14 Maximillian Schrems v Data Protection Commissioner [2015] ECLI: EU:C:2015:650. By voiding the legal basis for transatlantic data transfers for the 4,400 companies reliant on U.S.-EU Safe Harbor, the Judgment began what has been a seismic year for data protection and crossborder data transfers in the European Union, whose aftershocks will reverberate throughout 2017 and beyond.

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