Category

Cloud Computing

25 June 2021

European Data Protection Board Issues Final Schrems II Recommendations

The European Data Protection Board (“EDPB”), adopted on 18 June 2021 its final recommendations describing how controllers and processors transferring personal data outside the European Economic Area (“EEA”) may comply with the Schrems II ruling (“Final Schrems II Recommendations”). The Final Schrems II Recommendations, … Read More

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18 June 2021

European Commission Publishes Details of its Forthcoming Data Act

The European Commission has formally launched its legislative initiative aimed at increasing access to and further use of data, so that more public and private actors can benefit from technologies such as Big Data and machine learning. The Commission has published its inception impact assessment on the forthcoming Data Act, … Read More

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16 December 2020

European Union Launches Revolutionary Proposals to Regulate “Big Tech”

On December 15, the European Commission (Commission) proposed drafts of two landmark digital legislative packages — the Digital Markets Act (DMA), which proposes new competition rules for so-called “gatekeeper” platforms to address alleged unfair practices and make them more contestable by competitors, and the Digital Services Act (DSA), … Read More

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29 September 2020

An Early Recap of Privacy in 2020: A US Perspective

*This article was adapted from “Global Overview,” appearing in The Privacy, Data Protection and Cybersecurity Law Review (7th Ed. 2020)(Editor Alan Charles Raul), published by Law Business Research Ltd., and first published by the International Association of Privacy Professionals Privacy Perspectives series on September 28, 2020.

Privacy, like everything … Read More

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03 December 2019

European Data Protection Board Adopts Data Protection by Design and by Default Guidelines

On 13 November 2019, the European Data Protection Board (“EDPB”) adopted guidelines on the GDPR’s data protection by design and by default principle (“Guidelines”).  The Guidelines provide further guidance into the technical and organizational measures and safeguards that data controllers must take into account when designing their processing activities.  The … Read More

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27 November 2019

Hong Kong Regulator Imposes New Conditions to Regulate Outsourcing Arrangements for Cloud Storage

The Securities and Futures Commission of Hong Kong (SFC) issued new guidance to regulate the use of external electronic data storage providers (EDSPs1) by licensed firms that intend to keep (or have previously kept) records or documents required to be maintained pursuant to the statutory recordkeeping rules and … Read More

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13 March 2018

Potential Congressional Action on Cross Border Data? A Primer on the CLOUD Act

In recent years, the rise of cloud computing has led to more and more data being stored somewhere other than the jurisdiction in which it was created.  This trend increasingly has led U.S. law enforcement officials to demand access to information held abroad, just as foreign officials increasingly want access … Read More

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17 October 2017

U.S. Supreme Court to Weigh in on Extraterritorial Search Warrant Dispute

On October 16, 2017, the U.S. Supreme Court granted the U.S. government’s request for review of a lower court decision that rejected the government’s construction of the Stored Communications Act (SCA) and embraced a more restrictive view that Microsoft had advanced, backed by much of the tech industry and many … Read More

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08 August 2016

Second Circuit Microsoft Ruling: A Plea for Congressional Action

*This article originally appeared in Law360 on August 1, 2016.

On July 14, 2016, the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision that — to the surprise of many observers — rejected the government’s construction of the Stored Communications Act and instead embraced a … Read More

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26 July 2016

Second Circuit Sides With Microsoft; Data Exclusively Stored On Foreign Servers Not Subject to SCA Search Warrant

On July 14, 2016, the U.S. Court of Appeals for the Second Circuit issued a long-awaited decision that—to the surprise of many observers—rejected the government’s construction of the Stored Communications Act (SCA) and instead embraced a more restrictive view that Microsoft had advanced, backed by much of the tech industry … Read More

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