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Privacy & Cybersecurity Litigation

German DPAs Will Not Be Able to Challenge Privacy Shield this Year

August 8, 2016 By Daniel Felz

Even before the ECJ’s Schrems decision invalidated Safe Harbor, the European Commission had begun working closely with US negotiators to craft what has become the U.S.-EU Privacy Shield.  While EU privacy leaders have noted that Privacy Shield represents important improvements in data protection, some German DPAs have voiced a desire to challenge Privacy Shield in […]

Filed Under: Board Governance & Cyber Risk Management, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation

InMobi to Pay $950,000 to Settle FTC Charges that it Secretly Tracked Phone Users

June 30, 2016 By Privacy, Cyber & Data Strategy Team

The Federal Trade Commission (“FTC”) announced that InMobi, a Singapore-based mobile advertising company whose products are used by many Android and iOS app makers to deliver advertisements to consumers, will pay $950,000 in civil penalties and implement a comprehensive privacy program to settle FTC charges for deceptively tracking the locations of hundreds of millions of […]

Filed Under: Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: Children's Online Privacy Protection Act (COPPA), Federal Trade Commission (FTC), Marketing, Mobile Technologies, Tracking

Supreme Court Holds Congress Cannot Confer Automatic Standing By Statute

May 18, 2016 By Donald Houser

The Supreme Court has issued its much anticipated opinion in Spokeo Inc. v. Robins, No. 13-1339, 578 U.S. ___ (2016) (click here for a prior post detailing the procedural history and case background).  The Supreme Court granted certiarori in Spokeo to determine whether a bare violation of a statute – the Fair Credit Reporting Act […]

Filed Under: Crisis & Data Breach Response, Privacy & Cybersecurity Litigation Tagged With: Litigation, Telephone Consumer Protection Act (TCPA), U.S. Supreme Court

Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield

April 14, 2016 By Daniel Felz

Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background The European Commission has put forth a draft “adequacy decision” in which it declares that on the basis of Privacy Shield, the […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation

EU Council Issues New Consolidated GDPR and Accelerates GDPR’s Legislative Timetable

April 7, 2016 By Daniel Felz

Yesterday evening, the Council of Ministers issued a new consolidated version of the General Data Protection Regulation (GDPR).  This is the first “clean” version of the GDPR that (a) incorporates all revisions agreed upon from the time of the Commission’s original 2012 proposal to the December 2015 trilogue compromise text; and (b) numbers individual provisions […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: GDPR

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