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Tag Archives: Data Protection

Posted in Data Protection & Privacy Dr. Wolf-Tassilo Böhm

New Case Law on Restrictions for Employee Monitoring in the Workplace in Germany

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

Posted in Data Protection & Privacy Natalia GulyaevaMaria SedykhBret Cohen

Russian Data Protection Authority Publishes Privacy Policy Guidance

On 31 July, the Russian data protection authority, Roskomnadzor, issued guidance for data operators on the drafting of privacy policies to comply with Russian data protection law. Russia’s 2006 privacy law – Federal Law No. 152-FZ of 27 July 2006 “On Personal Data” (Personal Data Law) – requires, among other things, that Russian data operators must adopt a privacy policy … Continue Reading

Posted in Policy & Regulation, Telecoms & Broadband Eugene LowPJ Kaur

Cold calls in hot water: Hong Kong consultation paper on P2P telemarketing

Businesses may often use peer-to-peer (“P2P“) telemarketing calls involving interpersonal communication to promote goods and services directly to customers. While such calls may be effective in some cases, they appear to be not so welcomed by customers in Hong Kong. A 2015 government consultancy study in Hong Kong reports that an overwhelming 96% of call recipients considered such … Continue Reading

Posted in Data Protection & Privacy

South Korea Joins APEC Cross-Border Privacy Rules System

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

Posted in Data Protection & Privacy

UK Parliament Passes New Digital Economy Act

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

Posted in Data Protection & Privacy Tim WybitulDr. Wolf-Tassilo Böhm

German Parliament Passes New Federal Data Protection Act

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

Posted in Data Protection & Privacy

Article 29 Working Party Issues Guidance on Data Protection Impact Assessments

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

Posted in Data Protection & Privacy

State of the Cyber Nation: UK Government Report on Cybersecurity Breaches

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
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Posted in Data Protection & Privacy, Technology Mark Parsons

Asia Pacific Data Protection and Cyber Security Guide 2017

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

Posted in Data Protection & Privacy, Internet, Policy & Regulation, Technology, Telecoms & Broadband Julie BrillWinston Maxwell

Hogan Lovells academic all-stars debate hot tech topics

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

Posted in Data Protection & Privacy Victoria Hordern

Health Company Fined by UK’s Information Commissioner Office

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

Posted in Data Protection & Privacy

Privacy and Cybersecurity March 2017 Events

Please join us for our March 2017 Privacy and Cybersecurity Events.

March 2
Privacy Women Showcase
Julie Brill will be speaking at a NY Bar Association event on “Careers in Privacy.”
Location: New York, New York

 

March 14
Connected Car Technologies and Trends
Tim Tobin will speak on “Protecting the Connected Car” at Automotive Megatrends’ Connected Car Detroit
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Posted in Data Protection & Privacy

Australia Introduces Mandatory Data Breach Notification Scheme

On 13 February 2017, the Australian Senate passed into law the Privacy Amendment (Notifiable Data Breaches) Bill 2016. This law amends the primary privacy and data protection legislation in Australia, Privacy Act 1988 (Cth), to introduce the long-anticipated mandatory data breach notification scheme. Under this scheme, all agencies and businesses that are regulated by the Privacy Act are required … Continue Reading

Posted in Data Protection & Privacy Jakub Baczuk

Polish DPA Releases Data Privacy Inspection Plans – Targets Health, Shopping

The Polish Data Protection Authority (GIODO) has just released its inspection plans for 2017. This year, the GIODO has decided to target its review of compliance with data protection laws on the health services and consumer sectors, with particular attention to certain profiling activities taking place in stores and shopping malls.

The health sector inspections will be directed at healthcare … Continue Reading

Posted in Data Protection & Privacy Natalia GulyaevaMaria SedykhBret Cohen

Russia Increases Fines for Violations of Data Protection Laws

On 7 February 2017, the Russian President signed into law a bill (link in Russian) introducing amendments to the Russian Code on Administrative Offences that increases the amount of the fines imposed for violating Russian data protection laws and differentiates the relevant offences’ types. The greatest increase raises maximum fines for certain violations from RUB 10,000 to 75,000 (approx. USD … Continue Reading

Posted in Data Protection & Privacy Harriet Pearson

Changes in Japan Privacy Law to Take Effect in Mid-2017; Key Regulator Provides Compliance Insights

Recent changes to Japan’s Act on the Protection of Personal Information and the establishment of a new Personal Information Protection Commission have raised questions about how the world’s third-largest economy plans to implement new domestic requirements and engage internationally on cross-border data transfers, APEC, new technologies, and more.

Hogan Lovells recently hosted some of Japan’s senior data privacy regulators and … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Julie Brill

Strengthening international ties can support increased convergence of privacy regimes

The internet has become today’s global trade route, and personal data is one of its major currencies. The growth in the digital economy is impressive. One study found that economic activity taking place over the internet is growing at 10% per year within the G-20 group of nations. In the United States alone, one estimate found that companies exported nearly … Continue Reading

Posted in Policy & Regulation, Technology Mark Parsons

The shape of things to come – the HKMA and ASTRI chart a course for blockchain in Hong Kong: legal and regulatory implications

On 11 November, 2016, Hong Kong’s Applied Science and Technology Research Institute (“ASTRI“) published its “Whitepaper On Distributed Ledger Technology” (the “DLT Whitepaper“), a substantial research exercise commissioned by the Hong Kong Monetary Authority (the “HKMA“).

The DLT Whitepaper is a useful and well-informed introduction to blockchain, or distributed ledger technology (“DLT“), … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity December 2016 Events

December 5
TCPA and ESIGN
Mark Brennan will give a presentation on TCPA and ESIGN issues at EUCI’s Customer Communications Conference.
Location: New Orleans, Louisiana

 

December 6
Privacy Landscape in 2016
Eduardo Ustaran will be providing a privacy round-up of 2016 at the Data Protection Forum.
Location: London, England

 

December 7
Data: Friend or Foe?
Harriet
Continue Reading
Posted in Data Protection & Privacy

GDPR Implementation Guide Available

We are pleased to announce that Hogan Lovells Frankfurt-based Partner Tim Wybitul has published a handbook – EU-Datenschutz-Grundverordnung im Unternehmen: Praxisleitfaden – to assist organizations with compliance with the European General Data Protection Regulation (GDPR). Written in German, the handbook includes plain-language summaries of GDPR requirements as well as project-planning and other checklists and examples to aid companies in complying … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity October 2016 Events

Please join us for our October 2016 Privacy and Cybersecurity Events.

October 5
Brexit Impacts on International Companies
Christian Tinnefeld will discuss Brexit issues, including international data transfers, Standard Contractual Clauses and Binding Corporate Rules, the GDPR, and Privacy Shield.
Location: Hogan Lovells’ office in Hamburg

 

October 6
Internet of Things
Julie Brill will participate in a Fireside
Continue Reading
Posted in Data Protection & Privacy Mark Parsons

Philippines Finalizes Data Privacy Act Implementing Rules

The Philippines Data Privacy Regime

The Philippines’ first comprehensive data protection law, the Data Privacy Act of 2012 (the “Act“), took effect on 8 September 2012. The Act mandated the creation of a National Privacy Commission (“NPC“) to implement, enforce and monitor compliance with the Act, with one of its duties to promulgate rules and regulations … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity September 2016 Events

September 12
Cybercrime Compliance
Christian Tinnefeld will discuss compliance management requirements relating to new anti-cybercrime regulations at a Financial Experts Association event.
Location: Hamburg, Germany

 

September 15
Data and Business
Scott Loughlin will participate in a breakout session on “Privacy and Cybersecurity: A Big Deal for Big Deals” at the IAPP P.S.R. Conference.
Location:
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Posted in Policy & Regulation Eugene Low

Trending to the positive: New draft regulations for consumer protection in China

China’s State Administration for Industry and Commerce (SAIC) recently released its draft Implementing Regulations on the Protection of the Rights and Interests of Consumers (Draft Regulations) for comments.  The Draft Regulations seek to further strengthen consumer rights in China. Proposed changes include setting mandatory returns and exchange arrangements, tackling aggressive selling behaviour and expressly prohibiting cold calls. In this article … Continue Reading