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On July 22, 2016, the European Data Protection Supervisor (EDPS) released Opinion 5/2016 on the review of the ePrivacy Directive (2002/58/EC). This Opinion focuses on the issues specifically requested by the EU Commission. Particularly, the EDPS suggested that “a new proposal on ePrivacy should guarantee confidentiality of communications, offer clarity and complement the General Data […]

  On May 30, 2016, the European Data Protection Supervisor (EDPS) – whose mission is to advise the EU institutions on the data protection implications of their policies — published Opinion 4/2016 on the EU-U.S. Privacy Shield draft adequacy decision. According to the press release the Privacy Shield as it stands is not robust enough to withstand future […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

On April 11, 2016, the European Commission opened a public consultation on the current text of the ePrivacy Directive (EU Directive 2002/58/EC on privacy and electronic communications). According to the EU Commission, following the adoption of the General Data Protection Regulation (GDPR, see here), the ePrivacy rules will also need to be reviewed. The Commission […]

by Jonathan Armstrong, Gayle McFarlane, André Bywater As anticipated the Article 29 Working Party (often known as WP29), a group of the EU’s data protection regulators met in Brussels today to discuss the European Commission’s Privacy Shield scheme, the proposed replacement for Safe Harbor. As we had anticipated in our earlier alerts WP29 decided that in their view […]

As anticipated the Article 29 Working Party (often known as WP29), a group of the EU’s data protection regulators met in Brussels today to discuss the European Commission’s Privacy Shield scheme, the proposed replacement for Safe Harbor. As we had anticipated in our earlier alerts WP29 decided that in their view Privacy Shield does not […]

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as […]

After the October 6, 2015, European Court of Justice’s annulment of the Safe Harbor decision of adequacy (Maximilian Schrems v. Data Protection Commissioner), the European Data Protection Authorities (DPAs) gave businesses until January 31, 2016, for the start of enforcement of the Schrems’ decision (see here). The Safe Harbor Scheme had been used for almost 15 years as the […]

Internet-of-Things (IoT) (or internet-of-everything as it is often interchangeably called-) is a buzzword and it is all over. At present, the news is more technological than legal. Nonetheless, the IoT triggers some worrisome legal issues, among which data collection, data security, and invasion of privacy are among the most compelling. Actually, these issues are imposing because […]