Category Archives: International

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

Irish High Court refers Facebook’s data case to the European Court of Justice

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In what it considered “an unusual case” (available here), the Irish High Court has referred the issue of the way data is transferred between the EU and countries outside the EU to the Court of Justice of the European Union (“CJEU”). Ms. Justice Caroline Costello will ask the CJEU for a preliminary ruling on the validity of the Standard Contractual Clauses (“SCCs”) as an adequate data transfer mechanism. Justice Costello did not comment on the laws of the EU or the US, but rather on the validity of SCCs as a data transfer measure between the EU and the US. The case arose from a complaint [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

David Keating, Jan Dhont and Karen Sanzaro to Speak at the 2017 Privacy + Security Forum

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David Keating, partner and co-leader of the firm’s Privacy & Data Security practice, Jan Dhont, Brussels partner and head of the firm’s European Privacy and Data Protection practice, and Karen Sanzaro, counsel in the Technology & Privacy Group, will be speakers at the 2017 Privacy + Security Forum in Washington, DC, taking place on October 4-6, 2017. David Keating will be speaking during the session on “Emerging Consumer Tracking and Analytics Technologies.” This session will explore recent regulatory and enforcement developments in this area and discuss practical approaches [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 2 of 5

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Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

Written by
Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR).  On July 6, 2017, Germany did so by passing a statute titled the Data Protection Amendments and Implementation Act. The Act repeals Germany’s venerated Federal Data Protection Act (Bundesdatenschutzgesetz, or BDSG) and replaces it with an entirely new BDSG, aptly referred to as the “BDSG-New.” Germany becomes the first EU Member State to pass a GDPR implementation statute. Given Germany’s reputation as one of, if not the, most serious privacy jurisdiction [...] Read more

Professor Peter Swire Publishes his Expert Testimony from Schrems 2.0

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Peter Swire, Elizabeth and Thomas Holder Chair at the Georgia Tech Scheller College of Business and senior counsel at Alston & Bird, has made public his expert testimony from the landmark Irish High Court Case Data Protection Commissioner v. Facebook Ireland Limited & Maximillian Schrems. Under the Irish Court’s rules, Swire was asked to provide an independent opinion on U.S. surveillance law to assist the Court in its decision. Swire’s testimony highlights U.S. systemic remedies, U.S. individual remedies, Foreign Intelligence Surveillance Court oversight, and the broader implications [...] Read more

Outbreak of “WannaCry” and “Wanna Decryptor” Ransomware Affects Companies Across the Globe

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On Friday, May 12, companies in countries across the globe witnessed an unprecedented malware outbreak as ransomware labeled “WannaCry” and “Wanna Decryptor” infected a large range of critical systems. The malware exploits a vulnerability in older versions of Microsoft’s Windows, locks the systems it infects, and threatens to delete files unless a bitcoin ransom is paid. What happened? An attacker or group of attackers unleashed a wave of ransomware infections beginning on Friday, May 12. More so than previous attacks, this outbreak resulted in substantial disruption to regular [...] Read more

Swire Discusses European Data Economy at European Political Strategy Centre Policy Hearing

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Peter Swire, Alston & Bird Senior Counsel and Nancy J. and Lawrence P. Huang Professor of Law and Ethics at the Georgia Institute of Technology’s Scheller College of Business, recently participated in a policy hearing held by the European Political Strategy Centre, the in-house think tank of the European Commission. Swire joined five other experts in answering a series of questions posed by the Centre’s moderators on how Europe can build its data economy to compete globally, protect fundamental privacy rights, and guard against anti-competitive behavior. In his remarks, Swire pointed [...] Read more

A Look Into Europe’s New Cybersecurity Regimes

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Europe is facing two important reforms addressing cybersecurity, which will apply in 2018. Jan Dhont and Delphine Charlot outlined the details of these regimes in an article for the Society of Corporate Compliance and Ethics, which you can read here.