Social Media

Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities

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On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the Commission in regards to alleged monitoring practices vis-à-vis Belgian internet users. In parallel to the proceedings that resulted in the judgment cited above, the Belgian Privacy Commission had also initiated a procedure referred to as “summary proceedings” against Facebook – and Facebook defeated the Privacy Commission’s claim before the Brussels Court of Appeal in [...] Read more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

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In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the US.  Since that decision, Mr. Schrems has pursued two further legal proceedings in the EU. The first involves Mr. Schrems’ challenge in the Irish courts to EU Standard Contractual Clauses, which permit data to be transferred internationally between contract parties.  In the trial,  Alston & Bird Special Counsel Peter Swire testified as an expert on US national [...] Read more

ePrivacy Regulation Trilogue Negotiations Pushed back to Fall 2018; Final ePrivacy Regulation may not be in Place until 2020

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About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation.  The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy Directive and a patchwork of local implementing legislation – with a uniform set of directly-applicable EU-wide rules.  Since the Parliament released its ePrivacy Regulation draft, both the European Council and the European Parliament have reviewed it and released their own revised drafts. The ePrivacy Regulation contains a number of important rules for companies.  Traditionally, [...] Read more

Privacy, Innovation and Big Data Forum Hosted by Alston & Bird

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On March 25, Alston & Bird hosted a forum titled, “Privacy, Innovation and Big Data: What Does the Future Hold.” David Keating, Partner and Co-Chair of the Firm’s Privacy and Security Practice, hosted a panel discussion that included Peter Swire, Nancy J. and Lawrence P. Huang Professor, Scheller College of Business, Georgia Institute of Technology, Jerry Jones, Chief Ethics and Legal Officer at Acxiom, Cindy Liebes, Federal Trade Commission Southeast Region, and constitutional lawyer Gerald R. Weber. Click here to view a video of the event. Written by Privacy & [...] Read more

David Keating Quoted in Law360

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David Keating was quoted in a Law360 article titled “FTC Sets High Bar for COPPA Parental Consent Verification” and discussed the COPPA parental consent verification and how the Federal Trade Commission recently rejected the first attempt under the amended COPPA Rule at proposing a parental consent safe harbor method. “Given that data that is collected from children is one of the most sensitive categories of information, the commission is not going to take the approval of a new mechanism lightly and certainly won’t do it where there is emerging technology that the commission [...] Read more

Privacy Co-Chair Paul Martino Quoted on Nationwide Impact of New California Law Establishing Online Privacy Rights for Children Under 18 Years of Age

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On September 26, 2013, Paul Martino, co-chair of Alston and Bird’s Privacy and Security practice, was quoted in the Law360 article, “California’s Delete-Button Law Invigorates Teen Privacy Push.” In the article, Martino discussed the likely nationwide impact of a newly enacted California law, entitled “Privacy Rights for California Minors in the Digital Age,” which passed the California legislature as S.B. 568 on August 30 and was signed by Governor Brown on September 23. “What we’re seeing from California is a move to nudge the federal law and perhaps influence other states to [...] Read more

Update: California Governor Brown Signs into Law S.B. 568, “Privacy Rights for California Minors in the Digital World”

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Today, California Governor Brown signed into law S.B. 568, establishing a new law entitled “Privacy Rights for California Minors in the Digital World,” which aims to protect the online privacy of children and teenagers who are under 18 years of age and reside in the State of California. California Senate President pro Tempore Darrell Steinberg (D-Sacramento), who introduced S.B. 568, released a statement calling the new law “a groundbreaking protection for our kids who often act impetuously with postings of ill-advised pictures or messages before they think through the consequences. They [...] Read more

Gov. Christie Signs Revised Social Media Privacy Bill

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August 29, 2013 – After initially vetoing legislation in May, New Jersey Governor Chris Christie today signed into law legislation that will prohibit employers from requiring job applicants or current workers to provide their user names and passwords for social media sites. In doing so, New Jersey becomes the twelfth state to enact such a measure. The law goes into effect December 1, 2013. After Christie’s veto, the bill was revised to, among other things, remove language that allow employees to bring civil actions for alleged violations. Instead, employees can report violations [...] Read more

California Establishes Digital Privacy Rights Law for Minors: S.B. 568 Expands Online Privacy Protections Beyond Federal COPPA Rules and Extends Rights to All Children Under 18 Years of Age

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California Governor Brown is preparing to sign into law an unprecedented children’s online privacy bill (S.B. 568), which adds a new chapter to the State’s Business and Professions Code (BPC) to protect the online privacy of children and teenagers who are under 18 years of age and reside in the State of California. The bill establishes Chapter 22.1, entitled “Privacy Rights for California Minors in the Digital World,” which will commence with Section 22580 in Division 8 of the BPC. In response to minors’ increasing access to digital content and products available online, California [...] Read more