Sidley Partner William Long Recognized by Best Lawyers 2019

Sidley Partner William RM Long has been recognized by Best Lawyers 2019 for Privacy & Data Protection Law in London. William is global co-leader of Sidley’s Privacy and Cybersecurity practice and also leads the EU data protection practice at Sidley.

Recognition by Best Lawyers is based entirely on peer review. Best Lawyers’ methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

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European Lawmakers Call on the EU to Suspend the EU-U.S. ‘Data Transfer’ Privacy Shield

On 11 June 2018, members of a Committee within the European parliament (“MEPs”) narrowly voted in favour of suspending the EU-U.S. Privacy Shield (“Privacy Shield”), an agreement that facilitates the transfer of personal data of EU data subjects to the U.S., unless the U.S. government fully complies with the Privacy Shield data protection requirements by 1 September 2018. Although the resolution is only a draft and has no legal effect, it reflects continued European concerns surrounding Privacy Shield.  

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11th Circuit Vacates LabMD Enforcement Order; Casts Doubt on Decades of FTC Cybersecurity Enforcement Practices

In recent years, the Federal Trade Commission has increasingly exercised its enforcement authority to target deceptive and unfair information security practices.  During this time, enforcement actions have targeted companies for failing to honor their promises to implement “reasonable” or “industry standard” security practices, defend against well-known security threats, put in place basic security measures, or take many other basic data security steps.  And despite challengers arguing that the FTC provided insufficient notice before pursuing these actions or that the actions otherwise exceeded the FTC’s Section 5 enforcement authority, the Commission generally has a track record of successfully defending its prerogatives.    

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State Activity on Privacy: Vermont Is First to Regulate Data Brokers

Although the prospect of federal legislation on data privacy remains uncertain, states appear to be stepping up the range of their activity on privacy and security.  Washington State notably adopted a law on net neutrality and there is the prospect of a ballot initiative in California that would give individuals the right to know which categories of their or their children’s personal data have been collected or traded by businesses.  Though Vermont is one of the smallest states, it has been active in privacy regulation and, on May 22, 2018, enacted the first state-level measure aimed at data brokers. 

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President Trump Signs Financial Services Regulatory Reform Legislation

On May 24, 2018, President Donald Trump signed into law the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act). The Act is effective immediately except as otherwise stated in certain provisions.

The Act makes many significant modifications to the postcrisis financial regulatory framework, although it leaves the core of that framework intact.

One major consequence of the Act may be an increased potential for mergers, acquisitions and organic growth among regional and midsize banks, as well as community banks, because of provisions that increase the thresholds that must be met before various financial regulatory requirements apply.

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European Data Protection Board Releases Statement on the Revision of the ePrivacy Regulation

On 28 May 2018, the European Data Protection Board (the “EDPB”) released a statement on the revision of the ePrivacy Regulation (the “proposed Regulation”) and its impact on the protection of individuals in relation to the privacy and confidentiality of their communications. It is the first statement of substance by the EDPB since it was established by the EU General Data Protection Regulation on 25 May 2018.  The statement calls on the European Commission, Parliament and Council to work together to ensure a swift adoption of the proposed Regulation, which will replace the current ePrivacy Directive (the “Directive”).

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