News

Facebook declared it will appeal a recent decision by the Brussels Court of First Instance (see here) — Rechtbank van eerste aanleg – which could lead to further fragmentation of EU data protection standards by giving ground to local data protection authorities to regulate another aspect of data processing within their own borders. The decision found the […]

After the ECJ’s decision invalidating the Safe Harbor, other countries are following that path questioning data transfers to the US. The Swiss Data Protection Authority (FDPIC) opined that  when dealing with modern means of communication, the use of certain tools and the disclosure of personal data should always be approached with caution. If data has […]

  On October 27, 2015, the European Parliament approved in second reading the Regulation of the European Parliament and the Council that lays down measures concerning open internet access. The regulation amends Directive 2002/22/EC (on universal service and users’ rights relating to electronic communications networks and services) and Regulation (EU) No 531/2012 (on roaming on […]

On January 1, 2016, the Dutch Bill on Notification of data leaks will take effect. The legislation introduces a general obligation for Dutch data controllers to notify the Data Protection Authority (College Bescherming Persoonsgegevens) as well as affected individuals of data security breaches. The legislation also provides for increased fines in case of violations of the Dutch Data Protection […]

November 13, 2015 by Allyson Haynes Stuart On October 23, 2015, the Federal District Court of Minnesota upheld Target’s assertion of attorney-client privilege and work product protection for emails it created in the wake of the 2013 breach of customer financial information. Target hired outside counsel shortly after discovering the possibility that a data breach […]

On October 23, 2015, FTC Commissioner Julie Brill gave the keynote at the Amsterdam Privacy Conference. According to her talk, the EU Court of Justice (ECJ) recent decision to hold Safe Harbour decision invalid (see here)  is an opportunity to improve privacy laws on both sides of the Atlantic. The ECJ decision highlighted “the need to have an […]

On October 27, 2015, the Senate passed the Cybersecurity Information Sharing Act (S. 754), “CISA”. The bill addresses internet data breaches and cybersecurity. It does not “contain any provisions that would directly improve computer or network security. Instead it would encourage private entities to share information with the federal government about possible threats to industrial […]

West v Houston County of Georgia et al, 5:13-cv-00338-CAR On November 2, 2015, a Georgia federal court (U.S. District Court for the Middle District of Georgia) issued an order granting Defendant’s motion in limine to exclude all evidence and argument regarding spoliation: Plaintiff failed to show prejudice, and the Court found a danger of confusing the […]

  On October 25, 2015, the European Court of Justice (ECJ) ruled that Bitcoin is like a traditional currency under tax law: the exchange of a tradition currency for Bitcoins is not subject to VAT. Skatteverket v David Hedqvist (Case C‑264/14) The ECJ answered to a request for a preliminary ruling concerning a preliminary decision referred by […]

On October 19, 2015, Apple reiterated that it is technically impossible for them to respond to government’s request for customers data. The US Eastern District Court of New York asked Apple whether the assistance the government seeks from Apple to investigate consumers’ electronic devices is technically feasible and, if so, whether compliance with the proposed order would […]