On February 10, 2021, the European Data Protection Supervisor published two opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The two proposals are part of a set of measures announced in the 2020 European Strategy for Data and have two main goals: (1) creating a safer digital space in which the fundamental rights of all users of digital services are protected, and (2) establishing a level playing field to foster innovation, growth and competitiveness in the European Single Market and globally.
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German BGH Ruling on Consent for Cookies and Third-Party Advertising
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On May 29, 2020, the German Federal Court of Justice, Germany’s highest court for civil and criminal matters, issued its ruling on case Planet49 regarding consent requirements for the use of cookies and telemarketing activities. …
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EU Council Presidency Releases Proposed Amendments to Draft ePrivacy Regulation
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On February 21, 2020, the Presidency of the Council of the European Union published a revised part of the proposed Regulation concerning the Respect for Private Life and the Protection of Personal Data in Electronic Communications and Repealing Directive. …
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Italian Garante Fines Telecom Company 27.8 Million Euros for Unlawful Marketing Practices
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On February 1, 2020, the Italian Data Protection Authority announced that it had levied a fine of 27.8 Million Euros on TIM S.p.A., a telecommunications company, for several unlawful marketing data processing practices.
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CJEU Reaches Decision in Case Involving Cookie Consent under EU Data Protection Law
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On October 1, 2019, the Court of Justice of the European Union issued its decision in an important case involving consent for the use of cookies by a German business called Planet49.
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DOJ Releases a White Paper on the CLOUD Act
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Earlier this month, the U.S. Department of Justice published a white paper entitled “Promoting Public Safety, Privacy, and the Rule of Law Around the World: The Purpose and Impact of the CLOUD Act.”…
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Iowa and Nebraska Enact Information Security Laws
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Recently, Iowa and Nebraska enacted information security laws applicable to personal information. Iowa’s law applies to operators of online services directed at and used by students in kindergarten through grade 12, whereas Nebraska’s law applies to all businesses doing business in Nebraska who own or license Nebraska residents’ personal information.
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CNIL Fines Rental Car Company for Data Security Failure Attributable to Third-Party Service Provider
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On July 27, 2017, the French Data Protection Authority imposed a fine of 40,000 euros on a French affiliate of the rental car company, The Hertz Corporation, for failure to ensure the security of website users’ personal data.
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New York Publishes FAQs and Key Dates for Cybersecurity Regulation
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Earlier this month, the New York State Department of Financial Services published FAQs and key dates for its cybersecurity regulation for financial institutions that became effective on March 1, 2017.
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New Mexico Enacts Data Breach Notification Law
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On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the two remaining states without such requirements. The Data Breach Notification Act (H.B. 15) goes into effect on July 1, 2017. …
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