Advocate General Finds Member States May Not Breach EU Laws Over Electronic Communications Retention

On July 19, 2016, Advocate General Saugmandsgaard Oe (“Advocate General”), published his Opinion on two joined cases relating to data retention requirements in the EU, C-203/15 and C-698/15. These cases were brought following the Court of Justice for the European Union’s (“CJEU’s”) decision in the Digital Rights Ireland case, which invalidated Directive 2006/24/EC on data retention. The two cases, referred from courts in Sweden and the UK respectively, sought to establish whether a general obligation to retain data is compatible with the fundamental rights to privacy and data protection under EU law. Continue Reading

FTC Issues Warning Letters to Companies Falsely Claiming APEC CBPR Certification

On July 14, 2016, the Federal Trade Commission issued warning letters to 28 companies relating to apparent false claims of participation in the APEC Cross-Border Privacy Rules (“CBPR”).

The warning letters state that the companies’ websites represent APEC CBPR certification even though the companies do not appear to have undertaken the necessary steps to claim certification, such as a review and approval process by an APEC-recognized Accountability Agent. Continue Reading

European Commission Adopts Privacy Shield

On July 12, 2016, the EU Commissioner for Justice, Consumers and Gender Equality, Věra Jourová, and U.S. Secretary of Commerce Penny Pritzker announced the formal adoption of the EU-U.S. Privacy Shield (the “Privacy Shield”) framework, composed of an Adequacy Decision and accompanying Annexes.

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The Bavarian DPA Issues Paper on Video Surveillance under the GDPR

On July 6, 2016, the Bavarian Data Protection Authority (“DPA”) issued a short paper on video surveillance under the EU General Data Protection Regulation (“GDPR”).

This paper is part of a series of papers that the Bavarian DPA will issue periodically on specific topics of the GDPR to inform the public about what topics are being discussed within the DPA. The DPA emphasized that these papers are non-binding. Continue Reading

EU Member States Approve Privacy Shield

On July 8, 2016, EU representatives on the Article 31 Committee approved the final version of the EU-U.S. Privacy Shield (“Privacy Shield”) to permit transatlantic transfers of personal data from the EU to the U.S.

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Second Draft of the Cybersecurity Law Published for Comment in China

On July 5, 2016, the Standing Committee of the National People’s Congress of the People’s Republic of China (the “Standing Committee”) published the full second draft of the Cybersecurity Law (the “second draft”). The publication of the second draft comes after the Standing Committee’s second reading of the draft on June 27, 2016. The public may comment on the second draft of the Cybersecurity Law until August 4, 2016. Continue Reading

European Parliament Adopts Directive on Security of Network and Information Systems

On July 6, 2016, the European Parliament adopted the Directive on Security of Network and Information Systems (the “NIS Directive”), which will come into force in August 2016. EU Member States will have 21 months to transpose the NIS Directive into their national laws. The NIS Directive is part of the European Commission’s cybersecurity strategy for the European Union, and is designed to increase cooperation between EU Member States on cybersecurity issues. Continue Reading

EU Commission Signs Agreement with Industry on Cybersecurity

On July 5, 2016, the European Commission announced the launch of a new public-private partnership (the “Partnership”) on cybersecurity, as part of its Digital Single Market and EU Cybersecurity strategies. In this context, the European Commission released several documents, including a Commission Decision establishing a contractual arrangement of the new Partnership for cybersecurity industrial research, and a Staff Working Document on the preparation activities for the Partnership. Continue Reading