According to the German Federal Labor Court, Germany’s highest court for employment disputes, German employers are not allowed to monitor employees in the workplace without a concrete suspicion of a criminal violation or, in some cases, a serious breach of duty (judgment dated July 27, 2017, case ref. 2 AZR 681/16). This means that employer monitoring of an employee’s computer … Continue Reading
On Monday, June 12, South Korea became the latest country approved to officially join the Asia-Pacific Economic Cooperation’s (APEC) Cross-Border Privacy Rules (CBPR) system. It is the fifth APEC economy to participate in the system, joining the United States, Canada, Japan, and Mexico. To date, twenty companies—including Apple, Cisco, HP, IBM, Rackspace, and Workday—have been certified under CBPR.
As businesses … Continue Reading
Exactly one year before the EU General Data Protection Regulation (GDPR) becomes applicable, global law firm Hogan Lovells has launched GDPRnow, a mobile application that provides companies with assistance to identify practical steps to comply with the new framework.
On 19 May 2017, the Cyberspace Administration of China (the “CAC“) released a revised draft of its Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the “Second Draft Export Review Measures“).
The draft emerged just over a week after public comments closed on the first draft of … Continue Reading
The Hong Kong Securities and Futures Commission (“SFC”) has issued a paper containing proposals to introduce cyber security guidelines under the Securities and Futures Ordinance (the “SFO”) applicable to internet brokers (the “Cyber Security Consultation Paper”). Comments are open through 7 July 2017.
The Cyber Security Consultation Paper reflects a sharpening of focus by the SFC on cyber security issues. … Continue Reading
Major companies, health care organizations and government agencies are facing a wave of cyberattacks involving ransomware that takes control of computers and denies access until a ransom is paid. These attacks are occurring on a global scale and in some cases are having a significant impact on business and healthcare operations. The cyberattack has disrupted targets throughout the world from … Continue Reading
The Digital Economy Bill passed into UK law last Thursday 27 April 2017 amidst the flurry of activity known as the “wash up” period before the dissolution of Parliament and ahead of the early general election in the UK to be held on 8 June. The Digital Economy Act introduces measures to “modernise the UK for enterprise,” and includes plans … Continue Reading
On 27 April 2017 the German Parliament passed an entirely new Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG). The new BDSG replaces the old BDSG, which has been in force for the last 40 years. The new BDSG shall adapt the German law to the provisions of the EU General Data Protection Regulation (GDPR). The new … Continue Reading
After a year-long investigation into mobile health apps claiming to be able to measure vital signs or health indicators through smartphone sensors, the New York Attorney General (NY AG) settled claims against three developers alleged to have engaged in “misleading” marketing claims and “irresponsible” privacy practices. Mobile health apps … Continue Reading
The steady trickle of GDPR guidance from the Article 29 Working Party continues. Fresh from finalising its guidance on data portability, lead supervisory authorities and data protection officers, the Working Party has published draft guidance on data protection impact assessments (DPIA), the full text of which is available on the Working Party website. Comments can be submitted to the … Continue Reading
On 19 April 2017, the UK Government’s Department for Culture, Media and Sport (DCMS) published a report on cybersecurity breaches and how they affected UK companies in the last year. Headline statistics from the report include:
- 61% of businesses hold personal data electronically;
- 46% of all UK businesses identified at least one cybersecurity breach in the past year, rising to
A close observer of the GDPR will have noticed that, in several places, individual EU Member States can implement derogations from the GDPR requirements. Of course, as a regulation under EU law there is less scope for local flexibility under the GDPR than under the current EU Data Protection Directive 95/46. Yet the GDPR does, in a number of key … Continue Reading
On 11 April 2017 the Cyberspace Administration of China published a circular calling for comments on its draft Security Assessment for Personal Information and Important Data Transmitted Outside of the People’s Republic of China Measures (the Draft Export Review Measures). Public comments are open through 11 May 2017.
The main legislative purpose of the Draft Export Review Measures is to … Continue Reading
The UK ICO has published what it describes as a feedback request on profiling and automated decision-making, with the intention that responses will “help inform the UK’s contribution to the WP29 guidelines due to be published later this year.”
Given the growing importance of profiling to most businesses, companies should consider whether they wish to contribute their views, particularly on … Continue Reading
2016 was an eventful year in the Asia-Pacific region, as data protection and cyber security issues increasingly feature in the news headlines in the Asia-Pacific region as they do elsewhere, our annual publication, the 2017 Asia-Pacific Data Protection and Cyber Security Guide provides you with an update on key regulatory developments and emerging trends in data protection and cyber security.… Continue Reading
The Information Commissioner’s Office (ICO) has issued a £70,000 fine against Flybe and a £13,000 fine against Honda Motor Europe Ltd for breaching Regulation 22 of the Privacy and Electronic Communications Regulations (PECR) by sending emails requesting individuals to update their marketing preferences. The two cases confirm that:
- the interpretation by the ICO of what constitutes “marketing material” is very
The Federal Trade Commission (FTC) and National Highway Traffic Safety Administration (NHTSA) are co-hosting a workshop on June 28, 2017, to explore the privacy and security issues raised by automated and connected vehicle technologies. The agencies are looking to explore the types of data such technologies collect, store, transmit, and share; the potential benefits and challenges posed by the technologies; … Continue Reading
On 17 March Hogan Lovells hosted a live webinar where several of our Global TMT thought leaders interviewed a panel of academic experts from our Law and Technology Academic Advisory Council on the key legal and tech trends for 2017, including regulation of artificial intelligence, competition law and big data, global privacy and copyright trends, and the future of broadband … Continue Reading
As previously reported, on Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This is the second of two entries on the March 9th FinTech Forum. Today’s post focuses blockchain technologies. Coverage of the opening remarks and the AI discussion may … Continue Reading
On Thursday, March 9th, the Federal Trade Commission (FTC) hosted a forum on the consumer implications of recent developments in artificial intelligence (AI) and blockchain technologies. This was the FTC’s third forum on issues in FinTech. Previous FinTech Forums covered marketplace lending and crowdfunding and peer-to-peer payments.
In opening remarks, the FTC acknowledged the benefits of technological … Continue Reading
The UK Information Commissioner’s Office has just published draft guidance on consent under GDPR. This is an interesting move given that the Article 29 Working Party has promised guidance on the same topic later this year, but reading the guidance makes it clear why the ICO decided to prioritise it: many of the practices which it identifies as unacceptable are … Continue Reading
In a March 17 live stream webinar, a panel of academic all-stars will discuss the key legal and tech trends for 2017, including regulation of artificial intelligence, the disruptive potential of blockchain, competition law and big data, global privacy and copyright trends, and the future of net neutrality.
Our panel will also share insights into the tech priorities of … Continue Reading
Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure.
In this instance, several data protection compliance issues were at stake – HCA had engaged a subcontractor based in India to process sensitive personal data without putting an agreement in … Continue Reading