Category Archives: Legislation

Germany Proposes Bill Requiring Social Network Takedowns – with € 50 Million Fines

Written by
Recent media reports indicated that Germany was considering legislation that would fine social networks for failing to combat fake news and hate speech.  Today, German Justice Minister Heiko Maas introduced a “Draft Law to Improve Law Enforcement in Social Networks” (abbreviated as the Network Enforcement Act (Netzwerkdurchsetzungsgesetz), or “NetzDG”).  The NetzDG aims to curb “hate-based criminality” in large social networks that have the potential to drive public opinion, and to improve law enforcement access to evidence held by social networks.  The Justice Department’s NetzDG [...] Read more

UK Launches Public Consultation on GDPR Consent Guidance

Written by
The General Data Protection Regulation (GDPR) will come into force on 25 May 2018, replacing UK’s Data Protection Act 1998 (DPA). It is yet unclear how Brexit will play out, yet in the meantime the United Kingdom is moving to adopt the GDPR principles so that it adequately protects the personal data transferred within the EU. The GDPR sets a high standard for consent and compliance, which means that companies must start preparing for this transition. The Information Commissioner’s Office (ICO) issued a guidance on GDPR consent on 2 March, explaining its recommended approach to compliance and [...] Read more

Australia Adopts New Data Breach Notification Legislation

Written by
On February 13, 2017 Australia became one more among nation states adopting data breach notification legislation. In recent House and Senate votes, the Australian Parliament amended the Privacy Act 1988, introducing mandatory data breach notification requirements for entities regulated by the Privacy Act. Who is Subject to the New Legislation? The recent bill requires entities with revenue over $3 million AUD ($2.3 million USD) and certain credit reporting bodies and recipients of tax file number information to notify both the Australian Information Commissioner and affected individuals “as [...] Read more

AG Empowers EU Privacy Suits with Redress Act Designations

Written by
Earlier this week, the U.S. Attorney General designated 26 countries and the European Union as “covered countr[ies]” under the Judicial Redress Act. The Attorney General has simultaneously designated 13 “Federal agenc[ies] or component[s]” under the Act. These designations enable citizens of the “covered countr[ies]” to sue and seek remedies in U.S. court if one of the designated “Federal agenc[ies] or component[s]” violates the Privacy Act of 1974. The Privacy Act protects against intentional or willful unlawful disclosure of covered records containing personal information and [...] Read more

California Updates Data Breach Notification Statute for 2017

Written by
California, which has historically been one of the states at the vanguard of data breach notification issues, has made an update to its statute that takes effect on January 1, 2017. The update will require companies to notify affected individuals of a data breach of encrypted information, if “the encryption key or security credential was, or is reasonably believed to have been, acquired by an unauthorized person and the person or business that owns or licenses the encrypted information has a reasonable belief that the encryption key or security credential could render that personal information [...] Read more

German DPAs to Create Model Processing Records for GDPR Compliance

Written by
On May 25, 2018, the EU General Data Protection Regulation (GDPR) enters into force.  One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of processing activities.  Under Article 30 GDPR, companies will need to inventory all “processing activities under [their] responsibility” and memorialize them in a written record setting forth, inter alia, the purposes of processing operations, international transfers, and retention periods.  Companies must provide their processing records (sometimes informally referred to as a “processing [...] Read more

Join Our Roadmap to the GDPR Webinar: Outsourcing & Processors — with Brexit

Written by
Alston & Bird invites you to join us for the third program in our Roadmap to the GDPR webinar series: Brexit Analysis, Outsourcing & Processors.  Our GDPR Roadmap series provides you with the critical information you need to assess and address the myriad issues raised by the passage and implementation of the GDPR.  This webinar will be held on Thursday, July 14, 2016 at 1:00 pm EST. To register for this program, please click here. The speakers for this event are Alston & Bird attorneys Peter Swire, Jan Dhont, and Karen Sanzaro.  This session will cover the following [...] Read more

UK Regulator Elaborates Plans for Extensive Guidance on GDPR Compliance

Written by
The UK Information Commissioner’s Office (“ICO”) has provided details on its plans to provide guidance to organizations on compliance with the European Union’s General Data Protection Regulation (“GDPR”), which will apply EU-wide as from 25 May 2018. The ICO’s work plan involves three overlapping “phases.” Over the next six months, priority outputs will include ICO guidance on the following items: GDPR Overview Individuals’ rights Contracts Consent Privacy notices code of practice During this time-frame, the ICO will also contribute to European level guidance [...] Read more

Illinois Makes Extensive Changes to Data Breach Notification Law

Written by
  On May 6, 2016, Illinois Governor Bruce Rauner signed HB1260, which significantly updates the state’s Personal Information Protection Act. The changes take effect on January 1, 2017. When the new law becomes effective, Illinois’ data breach notification statute will include one of the broader definitions of the information which, if breached, will trigger notification to individuals. Starting in 2017, the definition of personal information in the Act will include an individual’s full name, or first initial and last name in combination with their health insurance policy number [...] Read more

GDPR Published Today, Commencing Two-Year Countdown to Application

Written by and
One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR is set to replace the Data Protection Directive (95/46/EC) of 1995.  After the Council of Ministers accelerated the voting timetable for GDPR passage and the Parliament approved the GDPR in an up-or-down vote, all eyes were on the GDPR’s publication to begin setting compliance timetables. Today, the final and as-approved version of the GDPR was published in the EU’s Official Journal.  The Official Journal version of the GDPR can be downloaded here. With that, [...] Read more