Category Archives: Legislation

Bill Proposes Jail Time for Executives Who Conceal Data Breaches

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On November 30, 2017, a group of U.S. senators re-introduced a bill, known as the Data Security and Breach Notification Act, which seeks to impose criminal liability of up to five years of jail time on any corporate executive convicted of “intentionally and willfully” concealing a data breach. The bill also proposes that the Federal Trade Commission (FTC) establish standard, nationwide security protocols for businesses to follow.  The bill would also require companies to report data breaches to consumers or users within 30 days unless a U.S. federal law enforcement or intelligence agency [...] Read more

Challenge to Privacy Shield Dismissed by EU General Court

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In October of last year, we reported that digital rights advocacy group Digital Rights Ireland (“DRI”) had brought an action to annul the EU-U.S. Privacy Shield.  DRI filed its challenge before the General Court of the European Union, which is the court of first instance in the EU system with exclusive jurisdiction over challenges to the validity of EU legal acts.  Last week, the General Court dismissed DRI’s challenge, meaning that Privacy Shield remains valid and in force. DRI based its Privacy Shield suit on Article 263 of the Treaty on the Functioning of the European Union (TFEU), [...] Read more

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

Virginia Amends Data Breach Notification Law

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Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and acquisition of unencrypted and unredacted computerized data containing a [Virginia] taxpayer’s identification number in combination with the income tax withheld for that taxpayer. . . .”[1] The expanded notification obligation is subject to the same likelihood of harm threshold that applies in the original law. Notification is required only when the employer or payroll [...] Read more

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

UK Introduces Draft Data Protection Bill

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A few days ago the UK’s Department for Digital, Culture, Media & Sport introduced the Data Protection Bill 2017 (“the Bill”). Once adopted by the legislature, the Bill will replace the Data Protection Act 1998, which is currently in force. The purpose of the Bill is to transpose the EU General Data Protection Regulation (“the GDPR”) and the EU Directive on the Processing of Personal Data by Government Authorities for Prevention, Detection and Prosecution of Crime (“the Law Enforcement Directive”) into UK law. At the same time, the Bill aims to prepare the UK for its digital [...] 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