The proposed Data Security Law has a broad jurisdictional scope and will expand the PRC’s regulatory framework for information and data. By Hui Xu, Gail E. Crawford, Jennifer C. Archie, Kieran Donovan, and Aster Y. Lin On July 3, 2020, the Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) … Continue Reading
Delicate balance required, as regulators and lobbyist warn of the risks of over-regulation while research indicates users seek greater protection. By Alain Traill Both the ICO and the outgoing Chief Executive of Ofcom have sounded a cautious note regarding the possible consequences of UK proposals to introduce a new regulatory regime intended to combat online … Continue Reading
By Jennifer Archie, Gail Crawford, Serrin Turner, Hui Xu & Lex Kuo The Standing Committee of the National People’s Congress of the People’s Republic of China (PRC) has introduced China’s first and comprehensive Network Security Law (also referred to as Cybersecurity Law). The law will have far-reaching implications for parties that utilize the internet and … Continue Reading
A court in the United Kingdom has cast doubt on whether IP addresses can be used to identify infringement of copyright by a specific individual. In this post, we ask whether this case impacts the generally accepted view in Europe that IP addresses should be treated as personal data under applicable data privacy laws. The … Continue Reading
The First Chamber of the German Federal Supreme Court decided on the permissibility of outbound advertising calls on the basis of a so-called “double-opt-in” (judgement dated February 10, 2011 – I ZR 164/09 – Telefonaktion II). The full reasoning of the decision has not been published yet. But the press release already gives important clues … Continue Reading
It seems fitting that on Data Privacy Day, a day designed to raise awareness of privacy issues (and not, as reported by Wikipedia, an international public holiday), we touch on the issue of “transparency” e.g. how to ensure individuals understand how their data is being processed. The EDPS, in its 14th January Opinion, describes transparency … Continue Reading
The processing of personal data in the context of evolving technology and globalisation of commerce has prompted the Article 29 Working Party to take a hard look at the applicable law provisions under the European Data Protection Directive and its implementation by the Member States in its most recent Opinion. The Working Party believes that … Continue Reading
One of the newest and most talked about developments outlined by the European Commission (as part of its plans to update the EU’s data privacy regime), is the introduction of a ‘right to be forgotten’ for individuals. The Commission intends for individuals to be given much more control over their personal data, including rights to … Continue Reading
