13 October 2016

European Commission Considering Amendments to Standard Contractual Clauses for International Data Transfers

The European Commission has drafted amendments to the adequacy decisions that underpin the European Union’s Standard Contractual Clauses (“SCCs”) that allow businesses to transfer personal data originating in the European Economic Area (“EEA”) outside of the EEA.  While the Commission has not published the full text … Read More

07 September 2016

Why Design Matters: It Can Determine Whether an Online Agreement is Enforceable

*Updated on September 8, 2016

The Southern District of New York recently issued a ruling that raises new issues with customer consent and arbitration contracts in a simple click-through agreement, adding to the increasing judicial skepticism over the enforceability of browse-wrap agreements, despite the Supreme Court’s seeming endorsement of consumer … Read More

29 August 2016

Despite Lenient View of Standing, Appellate Court Dismisses “Clearly Meritless” Case on 12(b)(6) Grounds Not Considered by the District Court; Lessons Abound

In Carlsen v GameStop, Inc. the Eighth Circuit held that a plaintiff had standing to bring privacy claims that his personal information, specifically web browsing data, was provided to a third party in violation of an allegedly express agreement not to do so (namely, the defendant’s privacy policy). The … Read More

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

28 July 2016

EU Data Protection Authorities Adopt One-Year “Wait and See” Position On Privacy Shield

The Article 29 Working Party, on July 26, 2016 issued a statement on the final form of the EU-US Privacy Shield, which was formally adopted on July 12, 2016. Speaking at a press conference, Isabelle Falque-Pierrotin, chairman of the Article 29 Working Party, stated that the EU data protection authorities … Read More

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

11 July 2016

Lexology Navigator publishes Data Security & Cybercrime in the USA by Sidley Austin LLP

Globe Business Media Group has published a Lexology Navigator on Data Security and Cybercrime in the USA by Sidley Austin LLP.  Colleen Brown, Ed McNicholas, Alan Raul and Anna Spencer contributed to the reference guide, which also lets you compare jurisdictions on various legal topics, such as data protection, from … Read More

05 July 2016

Post-Brexit EU May Be Stranded By Its Own Data Rules

*This article first appeared in Forbes on July 1, 2016.

So now the European Union’s “sceptered isle” has voted to sever its bonds with its continental partners – with the wish that (as described in a Shakespeare passage memorized by every English schoolchild for generations) it can be set off … Read More

02 June 2016

Privacy Shield and the General Data Protection Regulation: More Key Developments

Developments on the European data protection front continue at a fast pace. As the process of implementation of the now-final General Data Protection Regulation (GDPR) begins, the Article 29 Working Party (WP29) is announcing a workshop on implementation questions in Brussels in July. Meanwhile, uncertainty continues for trans-Atlantic data transfers … Read More

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