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09 March 2016

The EU-U.S. Privacy Shield Is a Victory for Common Sense and Transatlantic Good Will

*This post originally appeared in the Council on Foreign Relations’ Net Politics Blog on March 1, 2016.

When the Court of Justice of the European Union (CJEU) struck down Safe Harbor last year, it did so on the basis that the European Commission had not determined whether European data transferred … Read More

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07 March 2016

Technology Companies Should Prepare for Implications of China’s New Anti-Terrorism Law

On January 1, 2016, China’s National People’s Congress Standing Committee enacted the new Anti-Terrorism Law (反恐怖主义法) that gives broad powers to the Chinese authorities to access and handle data held by telecommunications operators and internet providers (together, “Technology Companies”).  This law provides a legal framework to compel Technology Companies to … Read More

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29 February 2016

Details of the EU-U.S. Privacy Shield Are Published

The much-anticipated documentation for the EU-U.S. Privacy Shield, a new framework on transatlantic data flows, was published by the European Commission on February 29, 2016. The framework now will undergo a process of review and approval, including by the EU’s Article 29 Working Party, which is due to finish its … Read More

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25 January 2016

Essentially Equivalent: A Comparison of the Legal Orders for Privacy and Data Protection in the European Union and United States

In a milestone decision on transatlantic data protection, the Court of Justice of the European Union (CJEU) issued its judgment in the Schrems case, declaring the Commission decision on the EU-U.S. Safe Harbor agreement invalid. The CJEU declared that such a decision requires a finding that the level of protection … Read More

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11 January 2016

Top Ten Data Protection and Privacy Issues to Watch in 2016

*This post originally appeared in Law360 on January 7, 2016.

While 2015 was a big year in data, 2016 may prove to be even bigger.  Many hot button and game changing topics are being debated in legislative bodies and campaign trails, regulators are focused, and privacy-related litigation continues to rise. … Read More

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04 December 2015

Negotiations on the General Data Protection Regulations Continue

As the legislative journey for the General Data Protection Regulation (“GDPR”) nears its conclusion, last week (Nov. 27,2015) saw the publication of a further compromise text which left the door open for additional “trilogue” discussions on the much-debated subjects of administrative fines, data protection officers (“DPOs”), and data breaches, as … Read More

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02 December 2015

The second edition of The Privacy, Data Protection and Cybersecurity Law Review is now available

The second edition of The Privacy, Data Protection and Cybersecurity Law Review appears as the world is converging on more privacy laws that cover more areas of business and are subject to more enforcement. Several Sidley lawyers in the Privacy, Data Security and Information Law practice have contributed to this … Read More

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19 November 2015

The Opportunities and the Challenges of Big Data for Business and Public Policy*

*Based on Remarks at the Big Data East Big Data Innovation Conference, September 9, 2015

I believe in the enormous potential of big data. Erik Brynolfsson and Andrew McAfee, authors of The New Machine Age and leading scholars of the digital economy, have compared the power and granularity of computational … Read More

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06 November 2015

European Parliament Adopts Surveillance Resolution Aimed at Mass Surveillance and Prompting Progress on Safe Harbor 2.0

On October 29, 2015, the European Parliament adopted a resolution on the electronic mass surveillance of EU citizens (the “Resolution”). Positioned as a follow-up to its resolution of 12 March 2014 in which the Parliament called for the immediate suspension of Safe Harbor and put forward a number of recommendations … Read More

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