Tag Archives: Jörg Hladjk

Hunton Hosts Webinar on Current Trends in Global Privacy Enforcement

On January 12, 2012, Hunton & Williams hosted an hour-long webinar on the current enforcement environment in the U.S. and EU. The webinar, Current Trends in Global Privacy Enforcement, covered issues ranging from the Federal Trade Commission’s tougher approach to investigations to increased monitoring of corporate privacy practices by European data protection authorities. Hunton & Williams speakers included Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice, London partner Bridget Treacy, London senior attorney Rosemary Jay and Brussels associate Dr. Jörg Hladjk.

Listen to the webinar now.

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Hunton Hosts Webinar on Preparing for the EU Cookie Law

On June 6, 2011, Hunton & Williams hosted a panel discussion on what organizations in the UK, France, Germany and the Netherlands are doing to comply with the EU’s new cookie law.  The webinar, Consent for Cookies: Preparing for the EU Cookie Law, featured David Evans, Group Manager of Business and Industry of the UK Information Commissioner’s Office, and Hunton & Williams Brussels-based associates Olivier Proust, Dr. Jörg Hladjk and Martijn ten Bloemendal.  The panel was moderated by Bridget C. Treacy, partner in the London office of Hunton & Williams.  Listen to the webinar now.

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German Federal Office for Information Security Issues Final Framework Paper on Information Security for Cloud Computing

On May 10, 2011, the German Federal Office for Information Security, (the Bundesamt für Sicherheit in der Informationstechnik or “BSI”) released the final framework paper on information security issues related to cloud computing.  The paper describes the minimum requirements for information security for cloud computing services.  As we previously reported, in September 2010, the BSI had presented the draft framework paper which received positive reviews and constructive comments from cloud computing providers, users, associations and other stakeholders.  The comments and contributions have been incorporated in the final framework paper.  According to the BSI, the paper provides “Best Practices” and serves as a basis for the discussion between cloud computing service providers and cloud users.  Based on the paper, concrete recommendations for companies or public authorities may be developed, including at the international level.

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European Commission Seeks Germany’s Compliance with ECJ Judgment on DPA Independence

On April 6, 2011, the European Commission formally requested that Germany immediately comply with a March 9, 2010 judgment (C-518/07) by the European Court of Justice (the “Court”) concerning the independence of German data protection authorities (“DPAs”).
 
As we previously reported, the Court ruled in March 2010 that Germany had failed to properly implement the requirement that DPAs are to act with “complete independence” in exercising the functions entrusted to them, as explicitly provided by the EU Data Protection Directive 95/46/EC. According to the Commission, 15 out of Germany’s 16 federal states have not yet undertaken any action to rectify the violation identified in the Court’s judgment. In its formal notice letter, the Commission ordered Germany to comply with the Court’s judgment within two months or risk a fine or penalty imposed by the Court.

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German Government Adopts Security Breach Notification Requirement in Telecommunications Act

On March 2, 2011, the German Federal government adopted a draft law revising certain sector-specific data protection provisions in the German Telecommunications Act.  The draft law addresses the implementation of data breach notification requirements in the European e-Privacy Directive by introducing a breach notification obligation for telecommunications companies.

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German Government Moves on Draft Law Regarding Employee Data Protection

On August 25, 2010, the German government approved a draft law concerning special rules for employee data protection, originally proposed by the Federal Ministry of the InteriorA background paper on the draft law was published on August 25, 2010.  The draft law would amend the German Federal Data Protection Act (the Bundesdatenschutzgesetz or “BDSG”) by adding provisions that specifically address data protection in the employment context.  Currently, employee data protection is regulated by (1) general provisions in the BDSG, (2) the new Section 32 of the BDSG introduced by the most recent reform in September 2009, (3) the Works Constitution Act, (4) guidance from state data protection authorities, and (5) comprehensive case law from federal and local labor courts.

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Further Discussion on German DPAs Enforcement of the Safe Harbor Compliance

Following our blog entry posted on June 2, 2010, Dr. Jörg Hladjk of Hunton & Williams offers additional insights on the obligations of German data exporters with respect to the Safe Harbor compliance program during the Centre for Information Policy Leadership’s First Friday Call on August 6, 2010.  On the call, Dr. Hladjk also discusses a press release issued by the German federal state of Schleswig-Holstein in light of the 10th Anniversary of Safe Harbor.

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Richard Thomas Interviews Lisa Sotto, Author of the Privacy and Data Security Law Deskbook Published by Aspen Publishers

Richard Thomas (RT): Lisa, congratulations on the publication of the new treatise.  I’m sure the Privacy team has been waiting for its release.  Could you give us some background on what prompted you and the team to write the Privacy and Data Security Law Deskbook?

Lisa Sotto (LS): Thanks, Richard.  Privacy and information security are topics that have received significant attention during the last few years.  Organizations that manage personal information are under the microscope and are struggling to keep up with the many new and evolving legal requirements around the world.  In addition, there is a real uptick in enforcement actions for privacy and data security incidents.  As the former Information Commissioner of the UK, I’m sure you would agree that privacy is an issue on which nearly every global company must focus.  In 2009 alone, companies spent an average of $6.6 million to rebuild their brand image and retain customers after being involved in some type of data breach the previous year.

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German Federal Network Agency Fines Two Companies €194,000 for Violating Cold Calling Ban

On July 27, 2010, the German Federal Network Agency, the Bundesnetzagentur (or “BNetzA”), issued a press release stating that it had recently levied €194,000 in administrative fines in two cases against companies accused of violating a ban on cold calling.  The cases involved consumer complaints implicating the companies in several illegal acts.  The companies claimed they had obtained prior consent from the consumers they contacted.  The BNetzA, which is the regulatory office for electricity, gas, telecommunications, post and railway markets in Germany, rejected the companies’ argument on the grounds that the “consent” was based on the consumers’ implicit acceptance of the terms of use associated with certain Internet games.  The terms of use included a provision regarding a participant’s consent to telemarketing by partners, sponsors and other companies.  The BNetzA stated that, because these terms of use did not satisfy the legal requirements for consent, the company had not obtained valid consent to call the consumers.

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Hunton & Williams’ Privacy Team Releases Privacy and Data Security Law Deskbook

On July 20, 2010, Hunton & Williams announced the release of the first edition treatise Privacy and Data Security Law Deskbook (Aspen Publishers) by lead author Lisa J. Sotto, managing partner of the firm’s New York office and head of the firm’s global Privacy and Information Management practice.  The deskbook provides a detailed overview (with thousands of specific citations for the legal practitioner) of those areas of information privacy and data security law that have the greatest impact on and are most relevant to U.S. businesses operating in the global arena.  In addition, the treatise contains a collection of sample documents, charts, checklists and other compliance-enabling tools.  View the press release on the Privacy and Data Security Law Deskbook.

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