DATA PROTECTION

A recent Italian decision clarifies when a database is protected under the Intellectual Property Code and under the Trademark and Patent Code

Date 08/17/2016.

The Italian Intellectual Property Code (Law 633/1941) protects the rights of someone who makes a material investment to gather and organize the content of a database. Article 102bis and ter: Rights of a database developer – user’s rights and obligations. An Italian Court recently held that in order for an investment in a database to receive protection, it needs not to […]

Canadian Government seeks input on new Cloud Adoption Strategy

Date 08/08/2016.

On July 27, 2016, the Government of Canada released a Cloud Adoption Strategy for public comments. Canada will leverage a new IT service-delivery model, aiming at maintaining good IT services in a time of growing demand for online services and a timely access to accurate information. The document focuses on: the Right Cloud adoption strategy. The document approaches […]

APEC Cross Border Privacy Rules (CBPR) system

Date 08/03/2016.

APEC Cross Border Privacy Rules (CBPR) system (2011) is a “voluntary accountability-based system to facilitate privacy-respecting data flows among APEC economies”. As of August 2016 there are four participating APEC CBPR system economies: USA, Mexico, Japan and Canada. It has four main components: recognition criteria for organisations wishing to become an APEC CBPR system a questionnaire […]

French DPA’s consultation to help prepare for the GDPR now closed

Date 08/02/2016.

On July 19, 2016, the consultation on the EU Data Protection Regulation (GDPR) launched by the French data protection agency “CNIL” closed. The consultation concerned four main topics: Data Protection Officers, data portability, Privacy Impact Assessment, and certification. The contributions collected are available here. For more information, Francesca Giannoni-Crystal Follow us on& Like us on […]

U.S. government’s amicus curiae in Irish High Court’s proceeding Europe v Facebook

Date 08/02/2016.

On June 13, 2016, Schrem’s website “Europe v Facebook”(website collecting information regarding class actions against Facebook) released a press update according to which the United States government asked the Irish High Court to join as amicus curiae in the case between Max Schrems and Facebook. “The US government likely wants to defend its surveillance laws before the European […]

European Data Protection Supervisor’s Opinion on the review of the ePrivacy Directive

Date 08/01/2016.

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 […]