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The Commission on Enhancing National Cybersecurity Releases Its Report on Securing and Growing the Digital Economy

On December 1, 2016, the Commission on Enhancing National Cybersecurity released its Report on Securing and Growing the Digital Economy. In its Report, the Commission, established in February 2016 by President Obama, provided detailed short- and long-term recommendations to strengthen cybersecurity in the public and private sectors. The Commission took a multi-stakeholder approach, emphasizing the … Continue Reading

European Parliament Approves EU-U.S. Umbrella Agreement

Yesterday, the European Parliament voted to approve the EU-U.S. Umbrella Agreement, a framework for the exchange of personal data for law-enforcement (including anti-terrorism) purposes between the EU and U.S.  As we previously explained, negotiations on this Agreement have been underway for quite some time, with the European Parliament first calling for it back in March … Continue Reading

LinkedIn Blocked in Russia Following Breach of Data Localization Laws

By Ezra Steinhardt and Gemma Nash On November 11, 2016, a Russian court in Moscow upheld the decision of an earlier court to block online access to the website LinkedIn throughout Russia.  This decision, which affirms a decision to penalize LinkedIn by the Russian data protection regulator, the Roskomnadzor, was based on the court’s view that … Continue Reading

Challenge to EU-U.S. Privacy Shield Lands at EU Court

On September 16, 2016, Digital Rights Ireland (“DRI”), a digital rights advocacy group, lodged an action with the EU General Court for annulment of the European Commission’s Decision on the EU-U.S. Privacy Shield arrangement.  While the existence of the application has only recently become public knowledge, it was widely-expected that the Privacy Shield would face … Continue Reading

China Issues Draft Regulations on Protecting Minors in Cyberspace

China’s top internet regulator, the Cyberspace Administration of China (“CAC”), continues to show interest in setting more stringent rules governing the protection of minors in the context of online activities and data privacy. Immediately prior to the October holiday, CAC released for public comment new draft regulations aimed at protecting minors on the Internet, the … Continue Reading

Luxembourg Bill Amending the Data Protection Act with regard to the Authorization Regime

On August 31, 2016, a bill was presented to the Luxembourg Parliament (the “Bill”) to amend the Law of August 2, 2002, on the Protection of Persons with regard to the Processing of Personal Data. The Bill aims to reduce the current administrative burden and anticipates the application of the General Data Protection Regulation (“GDPR”) … Continue Reading

CJEU Confirms Dynamic IP Addresses To Be Personal Data

On Wednesday October 19, 2016 the Court of Justice of European Union (“CJEU”) issued its judgment in Case C-582/14, Patrick Breyer v Germany.  The CJEU held that a “dynamic” IP address constitutes personal data (agreeing with the Opinion of the Advocate General from May this year).  Dynamic IP addresses qualify as personal data, even if … Continue Reading

G-7 Publishes Fundamental Elements of Cybersecurity for the Financial Sector

On October 11, 2016, the finance ministers and central bank governors of the Group of 7 (G-7) countries announced the publication of the Fundamental Elements of Cybersecurity for the Financial Sector, a non-binding guidance document for financial sector entities.  The publication  describes eight fundamental “elements” of effective cybersecurity risk management to guide public and private … Continue Reading

Inherited Infrastructure, Outdated Software, And Other Failings That Led To TalkTalk’s Record Fine

On October 5, 2016, the UK Information Commissioner’s Office (“ICO”) fined telecoms company TalkTalk a record £400,000 for failing to put in place appropriate data security measures and allowing a cyber-attacker to access TalkTalk customer data “with ease.”  The ICO highlighted several  technical and organizational deficiencies as justification for issuing its largest fine to-date.  Many … Continue Reading

UK Telco Loses Appeal; Should Have Reported Data Breach Within 24 Hours Of Customer Complaint, Not Fuller Investigation

By Phil Bradley-Schmieg and Gemma Nash On August 30, 2016, a major UK telecoms company (TalkTalk) lost its appeal against a fine imposed on it for failing to report a personal data breach to the UK national data protection authority (the Information Commissioner) within 24 hours of its receipt of a customer’s complaint. Commission Regulation … Continue Reading

EDPS-BEUC Joint Conference on Big Data Promotes Closer Dialogue

Last week, the European Data Protection Supervisor (the “EDPS”), in collaboration with European consumer organisation BEUC, hosted a joint conference on Big Data: individual rights and smart enforcement in Brussels (for the conference agenda, see here).  The conference brought together leading regulators and experts in the areas of competition, data protection and consumer protection, including … Continue Reading

Launch of the Third Edition of Data Protection & Privacy, edited by Covington’s Monika Kuschewsky

On September 22, 2016, Monika Kuschewsky, a senior lawyer in Covington’s global Data Protection and Cybersecurity practice, hosted a seminar on “The Latest Data Protection Developments Around the Globe”.  The third edition of the multijurisdictional handbook Data Protection & Privacy, edited by Ms. Kuschewsky and published by Thomson Reuters in the Sweet & Maxwell International … Continue Reading

EDPS Issues Opinion on Big Data and Enforcement

As announced last week, the European Data Protection Supervisor (“EDPS”) released on September 23, 2016 an opinion on “coherent enforcement of fundamental rights in the age of big data.”  This opinion follows an earlier Preliminary Opinion on privacy and competitiveness in the age of big data, published in 2004 (see our previous blog post here). … Continue Reading

Report: EDPS to Recommend Clearing House to Increase Coordination Among EU Regulators

On September 19, 2016, PaRR reported that the European Data Protection Supervisor (“EDPS”) is working on guidelines to increase coordination on the interface between data protection and competition law.  The guidelines would be released later this month. According to the report, the EDPS will recommend the creation of a “digital clearing house” in which regulators … Continue Reading

EU Organizations Call for More Support for Cloud Computing in Healthcare

The EU-U.S. Privacy Shield’s recent introduction has created an efficient mechanism to ensure that trans-Atlantic personal data flows are lawful.  With that in place, attention is now turning back to restrictions within the EU, particularly around hosting data in cloud computing services. European healthcare is particularly affected by such restrictions.  This has motivated a significant … Continue Reading

China Releases Draft Implementing Regulations for Consumer Rights Protection Law

China’s State Administration of Industry and Commerce (“SAIC”) has released for public comment a draft regulation implementing recent amendments to a consumer protection law that would, among other things, supplement existing privacy obligations for businesses operating in China. The “Regulations on the Implementation of the Law on the Protection of the Rights and Interests of … Continue Reading

UK Government Considering New Patient Data Security and Research Consent Standards, Sanctions

A new post on the Covington eHealth blog reports that the UK government is running a consultation around NHS patient data security standards and a new legal framework for secondary uses (e.g. research) of patient data.  To find out more about the proposals and the consultation, please click here.… Continue Reading

EU and US Unveil the New Privacy Shield

At a joint press conference in Brussels this morning (July 12, 2016), EU Commissioner Jourová and the U.S. Secretary of Commerce, Penny Pritzker, presented the new EU-U.S. data transfer mechanism (see press release here, adequacy decision text here, annexes here and Q&A factsheet here).  The press conference followed the approval of the underlying adequacy decision … Continue Reading

Privacy Shield Deal Passes Major EU Hurdle

On July 8, 2016, the draft EU-U.S. Privacy Shield adequacy decision was formally approved by the so-called “Article 31 Committee” of EU Member States (see press release, here). That approval opens the door for the College of EU Commissioners to approve the Privacy Shield on Monday (July 11).  Once translated and published in the Official … Continue Reading

China Issues New Rules for Mobile Apps

The Cyberspace Administration of China (“CAC”) has issued new rules regulating apps for smartphone/mobile devices, the Rules on the Management of Mobile App Information Services (“App Rules,” available here, preceded by a Q&A section, all in Chinese), that will come into effect on August 1, 2016. The App Rules are aimed primarily at regulating the rapidly … Continue Reading

The CNIL and EDPS Launch Public Consultations

On June 16, 2016, the French data protection authority (“CNIL”) launched a public consultation on the General Data Protection Regulation (“GDPR).   The consultation focuses on four priority themes set out in the Article 29 Working Party’s 2016 Action plan: the data protection officer; the right to data portability; data protection impact assessments; and certification.… Continue Reading

China Formulating Standards for Personal Information Security and Data Protection

This month, China’s National Information Security Standardization Technical Committee (“NISSTC”) organized a meeting to launch a working group tasked with drafting a Personal Information Security Standard (“PIS Standard”). NISSTC is a government committee jointly supervised by the Standardization Administration of China and the Cyberspace Administration of China. In addition to the government agencies, several Chinese … Continue Reading

European Data Protection Supervisor Opinion on the Privacy Shield

On May 30, the European Data Protection Supervisor (the “EDPS”) issued an opinion on the Privacy Shield, see opinion here and press release here.  The EDPS acknowledged that the European Commission’s draft adequacy decision on the Privacy Shield is a step in the right direction and shows a number of improvements compared to the EU-U.S. … Continue Reading
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