Understanding the practical implications of a “No Deal” Brexit (as compared to an exit under an approved Withdrawal Agreement) following last week’s vote against the current withdrawal proposal. By Gail E. Crawford and Jane Bentham “No Deal” Brexit Unless the UK can agree on a deal with the EU that meets the approval of the … Continue Reading
Sponsors outside the European Union conducting clinical trials in the EU should consider current guidelines and the Breyer case to understand whether GDPR requirements will apply to them. By Gail Crawford and Frances Stocks Allen Many sponsors of clinical trials believe that companies based outside the EU who sponsor clinical trials conducted in the EU … Continue Reading
Germany’s first GDPR fine offers lesson for companies planning a data breach policy. By Tim Wybitul, Wolf-Tassilo Böhm, and Isabelle Brams In November 2018, Germany’s first fine under the General Data Protection Regulation (GDPR) was imposed — and it was much lower than many expected. The favourable outcome of the proceedings for the defending company … Continue Reading
GDPR and PSD2 are two legal initialisms that have both generated a great deal of press coverage in recent months, but they are seldom considered together. By Christian F. McDermott, Calum Docherty and Brett Carr There were around 122 billion non-cash payments in the European Union (EU) in 2016, with card payments accounting for 49% … Continue Reading
Brazilian Congress passes a data protection bill that seeks to improve privacy and cybersecurity. By Amadeu Ribeiro and Thiago Luís Sombra (Mattos Filho, Veiga Filho Marrey Jr e Quiroga Advogados) and Jennifer Archie and Terese Saplys The Brazilian Congress has been working on a bill relating to the protection of personal data for over eight … Continue Reading
Businesses active in California should promptly assess whether the law applies to their practices and start planning towards compliance with the new law. By Jennifer Archie, Michael Rubin, and Scott Jones Key Points: A sweeping new privacy law — the California Consumer Privacy Act of 2018 — was signed into law on June 28, 2018. … Continue Reading
California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. By Michael H. Rubin, Roxana Mondragón-Motta, and Scott C. Jones Businesses are preparing to oppose a California ballot measure that could impose new data privacy and security obligations, with the … Continue Reading
The General Data Protection Regulation (GDPR) comes into effect on May 25, 2018. As an EU Regulation, it will be directly effective in each EU member state, but all member states are expected to pass national implementing legislation. Latham’s GDPR Implementation Tracker is an interactive, web-based tool to help companies doing business in Europe stay … Continue Reading
The UK agency’s principles-based guidance on cybersecurity for OES adds important detail to NIS Directive obligations. By Gail Crawford, Mark Sun, Fiona Maclean, and Malika Sajdik The National Cyber Security Centre (NCSC) has published introductory guidance for operators of essential services (OES) on the new cybersecurity rules under the EU’s Security of Network and Information … Continue Reading
Proposed changes provide indication of the yet-to-be-published contents of the NIS Directive’s implementing regulation. By Gail Crawford, Mark Sun, Fiona Maclean, and Malika Sajdik The UK government moved closer to implementing the Security of Network and Information Systems Directive (NIS Directive) with the release of its consultation response. The NIS Directive is the first EU-wide legislation on … Continue Reading
By Gail Crawford and Mark Sun With the assistance of colleagues across the EU, Latham & Watkins has updated its GDPR National Implementation Tracker. With just over three months to go until the GDPR go-live date on 25 May 2018, two EU member states (Belgium, Slovakia) have joined Austria and Germany in successfully implementing the … Continue Reading
By Jennifer Archie, Serrin Turner, Kyle Jefcoat, Dean Baxtrasser and Morgan Maddoux As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly, will apply to many current DoD contracts that include the applicable standard contract … Continue Reading
By Ksenia Koroleva Russia has adopted a new law further toughening the country’s Internet-blocking regime and introducing a number of restrictive measures applicable to intermediaries providing access to blocked websites, IT networks, and information resources (hereinafter, “Blocked Websites”). The relevant provisions of Federal Law No. 276-FZ dated July 29, 2017 (the “Anonymizers Law”), came into force on … Continue Reading
By Gail Crawford, Ulrich Wuermeling and Calum Docherty The EU General Data Protection Regulation (GDPR) will come into force in May 2018, changing how businesses and the public sector manage customer information. With seven months before the deadline, governments, supervisory authorities, and businesses are working in parallel on GDPR implementation. Latham reached out to colleagues across the … Continue Reading
By Gail Crawford and Ksenia Koroleva The Federal Law No. 87-FZ of May 1, 2017, on Amendments to the Federal Law on Information, Information Technologies, and Information Protection (the Law) came into force on July 1, 2017. The Law introduces the definition of an audiovisual service owner and regulates their activities, including imposing ownership restrictions. The Notion of … Continue Reading
By Gail Crawford, Ksenia Koroleva, and Andrea Stout The State Duma, Russia’s lower chamber of Parliament, has adopted amendments to the Federal Law on Information, Information Technologies and Information Protection of the Russian Federation (the Law) in its first reading. Under the proposed amendments, messaging apps would be required, among other things, to verify users … Continue Reading
By Steven Croley*, Jennifer Archie and Serrin Turner The Trump Administration has issued a much anticipated Executive Order (EO),“Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure,” directing federal executive agency heads to undertake various cyber-related reviews and to report findings back to the White House within prescribed timetables. Unlike some of the Trump Administration’s … Continue Reading
By Julia Dai, Hui Xu and Sean Wu On March 15, 2017, the National People’s Congress (the NPC), the national legislature of People’s Republic of China (the PRC), passed the General Provisions of the Civil Law (the General Provisions). To better protect rights and establish obligations for individuals and entities in modern China, the General Provisions have … Continue Reading
By Hui Xu, Gail E. Crawford, Wei-Chun (Lex) Kuo, Andrea E. Stout and Sean Wu The Cyberspace Administration of China (CAC) issued Draft Measures for public comment on April 11 on Security Assessment for Cross-border Transmission of Personal Information and Critical Data (the Draft Measures). The Draft Measures provide further clarification surrounding the “localization” requirement … Continue Reading
By Serrin Turner and Megan Behrman Another front recently emerged in the legal battle over whether US law enforcement authorities can use a search warrant issued under the Stored Communications Act (SCA) to obtain data stored overseas. Until now, the battle has been focused in New York, where Microsoft filed a challenge in December 2013 … Continue Reading
By Ulrich Wuermeling On January 10, 2017, the European Commission proposed a new ePrivacy Regulation (Proposal). Compared to the internal draft that was leaked in December, the official Proposal has been substantially modified. However, the general approach taken by the European Commission has not changed. The Proposal includes provisions with a broad scope of application covering … Continue Reading
By Jennifer Archie, Alan Avery, Serrin Turner, and Pia Naib Dozens of financial institutions and trade associations have lodged emphatic objections with the New York State Department of Financial Services (NYSDFS) in response to the Department’s September 28, 2016 Notice of Proposed Rulemaking entitled “Cybersecurity Requirements for Financial Services Companies” (the Proposed Rules). As published … Continue Reading
By Fiona Maclean & Calum Docherty The Article 29 Working Party (WP29) – the group that represents the data protection authorities of all EU Member States – has published guidance and FAQs on a number of issues under the General Data Protection Regulation (GDPR). Data Protection Officers (DPOs) (Guidance & FAQs) DPOs are the cornerstone … Continue Reading
By Ulrich Wuermeling An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either older or still needs some time to be finalized. The Draft … Continue Reading
