Despite progress, the online advertising industry and UK regulators are still at odds over the “legitimate interest” definition under the GDPR. By Olga Phillips and Elizabeth Purcell Following publication of the UK Information Commissioner’s Office’s (ICO’s) report on adtech and real time bidding in June 2019, the ICO has been working closely with the online … Continue Reading
UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. By Robert Blamires, Calum Docherty, Laura Holden, and Lucy Tucker The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real time bidding (RTB) (the ICO Report) provides a stark assessment of the adtech … Continue Reading
UK confirms reciprocal requirements for digital services providers to appoint UK representatives for NIS purposes, following Brexit. By Gail E. Crawford, Fiona Maclean, and Amy Smyth Following a consultation process, the UK government has now confirmed that it will put forward legislation to require non-UK-based digital services providers — larger cloud providers, search engines, and … Continue Reading
Healthcare entities should immediately assess whether Federal Law No. 2 of 2019 applies to their practices. By Brian A. Meenagh On 6 February 2019, the President of the United Arab Emirates (UAE) in conjunction with the UAE Minister of Health and Prevention (the Minister) issued a new law on the use of information and communications … Continue Reading
Broadly written rules would allow the Russian government greater central control over content and data flows, and greater access to users’ information. By Fiona M. Maclean and Ksenia Koroleva On May 1, 2019, the Russian President signed draft law No. 608767-7, commonly referred to as the Russian Internet Law, or “RuNet Law” (Federal Law No. … Continue Reading
Online services have until 31 May to respond to 16 draft standards of age-appropriate design. By Fiona Maclean and Olga M. Phillips The ICO is required by s123 of the Data Protection Act 2018 to prepare a code of practice which contains guidance on standards of age-appropriate design of relevant information society services likely to … Continue Reading
European regulators are expected to align their processes and guidance to accommodate the EDPB’s recommended approach to processing special categories of personal data. By Gail E. Crawford, Frances Stocks Allen, and Mihail Krepchev In January, the European Data Protection Board (EDPB) issued an opinion (Opinion) on the interplay between the General Data Protection Regulation (GDPR) and … Continue Reading
Companies should identify data flows, implement a data transfer solution, and update internal documents and privacy notices. By Fiona M. Maclean and Jane Bentham Since our blog on “What a “No Deal” Brexit Means for UK Data Privacy”, the European Data Protection Board (EDPB) has published two information notes on data transfers in the event … Continue Reading
The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. By Jennifer C. Archie, Michael H. Rubin, and Alexander L. Stout In the United States, collecting data directly from children under 13 years of age is tightly regulated by a federal statute, which is aggressively monitored and enforced. … Continue Reading
The DIFC guidelines provide practical guidance for DIFC-registered entities engaging in electronic direct marketing, including useful “dos” and “don’ts”. By Brian A. Meenagh, Fiona M. Maclean, and Laura Holden What Do DIFC-Registered Entities Need to Know? In January 2019, the Commissioner for Data Protection for the Dubai International Financial Centre (DIFC) issued new Direct Marketing … Continue Reading
The European Commission adopted its adequacy decision for Japan on 23 January 2019, opening the doors for personal data to flow freely between the two major global economies. By Fiona M. Maclean and Laura Holden The Adequacy Decision Following two years of dialogue between the European Union (EU) and Japan, the European Commission (EC) adopted … Continue Reading
The CNIL decision handed down on 21 January 2019, which cites violations of several GDPR obligations, provides important insights for groups wishing to benefit from the “one-stop-shop mechanism”. By Gail E. Crawford, Myria Saarinen, Camille Dorval, and Laura Holden The Complaints Not more than a week after the General Data Protection Regulation 2016/679 (GDPR) came … Continue Reading
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
