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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Category Archives: Data Protection & Privacy

Posted in Cybersecurity, Data Protection & Privacy

Upcoming privacy and cybersecurity events – October

Please join us for our October 2020 events

October 21-23
Mark Brennan will be leading a panel at the virtual Fall Academy 2020 Privacy + Security Forum, where he will be joined by other seasoned experts for deep-dive sessions with practical takeaways.

October 22
Bret Cohen will be part of the recording for “We Love You, You’re Perfect, Now … Continue Reading

Posted in Data Protection & Privacy Elisabethann Wright

Belgian DPA Issues Guidance on Temperature Measurements in the Context of COVID-19

In the context of their return-to-work policies companies are seeking solutions to detect individuals with fever at the entrance of their premises with the aim of preventing further contamination within the buildings. This can be achieved by means of conventional thermometers, digital fever scanners directed at the forehead of the person, or sophisticated thermal camera systems. The Belgian Data Protection … Continue Reading

Posted in Data Protection & Privacy

Facial Recognition Challenged by French Administrative Court

In a decision (French only) dated 27 February 2020, the French Administrative Court of Marseille invalidated the deliberation of the Provence-Alpes-Côte d’Azur Regional Council which allowed to set up, on an experimental basis, a facial recognition mechanism in two high schools in order to (i) better control and speed up entry of students into the high schools and (ii) control … Continue Reading

Posted in Data Protection & Privacy Eduardo UstaranLilly Taranto

Making COVID-19 Apps Data Protection Compliant

The role of COVID-19 contact tracing apps in the exit strategy of the current lockdown that is gripping much of the world is increasingly becoming a focus of attention. While that role is being hotly debated, it is very likely that those apps in combination with other measures will be deployed across many countries. Until now and despite the calls … Continue Reading

Posted in Advertising, Data Protection & Privacy, Technology

Webinar Invitation — AdTech and Privacy: Managing Risk in a Complex and Evolving Digital Economy

Join Hogan Lovells and Ankura to learn about the impact of the GDPR and CCPA on cookies and similar AdTech tracking technologies. James Denvil from Hogan Lovells’ Privacy and Cybersecurity practice by senior directors from Ankura to share best practices and their perspectives.

Program topics will include:

  • Cookies and Similar Tracking Technologies Defined
    • How cookies and similar tracking technologies support
Continue Reading
Posted in Data Protection & Privacy Katie McMullanEduardo Ustaran

Getting Customer Communications Right in Times of Coronavirus

Across the world, large retail stores and small businesses alike are shutting their doors. International flights and sporting events, conferences and concerts (and everything in between) are being cancelled. With all of the cancellations, postponements, and alternative arrangements that are required as a result of this global crisis, plus the special desire of all retail, travel, and other consumer-facing businesses … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Ewa KacperekWeronika Wolosiuk

A summary of polish legislation and of the guidelines of authorities concerning covid-19 in the context of data protection

To meet your questions and concerns related to maintaining the principles of personal data protection in the face of the global COVID-19 pandemic, we have prepared a short guide to the key legal regulations and guidelines of authorities that you should keep in mind not only when conducting business and professional activity but also in everyday life.

1.         COVID-19 ActContinue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Brexit and Data Protection: Boom for data centre operators in Continental Europe?

Data centre operators in Europe could benefit from Brexit and have already been preparing for years for precisely this scenario, including by expanding such data centre capacities in Continental Europe.

The United Kingdom (UK) finally left the EU on 31 January 2020. The withdrawal agreement provides for the UK to continue to be treated largely as an EU member state … Continue Reading

Posted in Data Protection & Privacy, Telecoms & Broadband Mark BrennanArpan SuraKathryn Marshall Ali

Webinar | New TRACED Act and Robocall Year in Review: What you need to know

It was a very busy year on the robocall front, and on 30 December 2019, President Trump signed into law the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S. 151), which the House and Senate passed by wide, bipartisan margins earlier this year.

The TRACED Act is the most significant robocall legislation in years. It requires the … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Privacy and Security Litigation

Privacy and Cybersecurity November 2019 Events

Please join us for our November 2019 events.

November 5
Your Body as Data
Mark Brennan will speak on the panel, “Your Body as Data: Facial Recognition, Biometrics, and the Future of Privacy,” at the Columbus School of Law at The Catholic University of America.
Location: Washington, D.C.

November 5
2019 Data Protection Leadership Forum
Eduardo Ustaran will speak during … Continue Reading

Posted in Artificial Intelligence, Blockchain, Copyright, Cybersecurity, Data Protection & Privacy, Intellectual Property, Internet, Policy & Regulation, Technology

A Turning Point for Tech – Global survey on digital regulation

Whilst political uncertainty may have businesses’ attention fixed, the Hogan Lovells Global Survey on Digital Regulation: ‘A Turning Point for Tech’ suggests that tech companies should be looking elsewhere. During yesterday’s launch at Hogan Lovells’ London Office, editor of the survey, Falk Schoening uncovered the 452 digital regulations that had been proposed across 16 jurisdictions in just six months of … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity October 2019 Events

Please join us for our October Events.

October 15
Privacy + Security Forum
Bret Cohen is a speaker on the panel “The Notice Trap: When and How to ‘Inform,’ Provide ‘Explicit Notice,’ and ‘Disclose’ Under the CCPA” at the Privacy + Security Academy’s Privacy + Security Forum.
Location: Washington, D.C.

October 15
Privacy + Security Forum
Pete Marta is a … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Paul OttoW. James DenvilJulian Flamant

New York Enacts New Data Security Laws

On July 25, New York Governor Andrew Cuomo signed into law a pair of bills establishing new requirements for businesses that process certain personal information related to New York residents. The changes include expanding the scope of information covered by New York’s data breach notification law; defining breaches to include incidents involving unauthorized access to covered information, even where the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation, Telecoms & Broadband Mark BrennanAdam CookeAlicia PallerJoseph J. Cavanaugh

Ill-Suited: Private Rights of Action and Privacy Claims

“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation

Privacy and Cybersecurity KnowledgeShare event: Sept 19, London

Join us on Thursday 19 September for our Privacy and Cybersecurity KnowledgeShare in London. We’ll share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.

Topics will include:

  • Nailing the basics –
Continue Reading
Posted in Data Protection & Privacy

Now Available: Webinar – Operationalizing the California Consumer Privacy Act – Key Decisions and Compliance Strategies

We have extensively covered the California Consumer Privacy Act, the first U.S. law comprehensively regulating the collection, use, and disclosure of general consumers’ personal information in the U.S.  This important legislation poses significant compliance challenges for organizations that engage with residents of California, the world’s fifth largest economy.

On June 19, 2019, Hogan Lovells partners Mark Brennan and Bret CohenContinue Reading

Posted in Cybersecurity, Data Protection & Privacy, Intellectual Property Andrew McGinty

China’s first Data Protection Measures lifting its veils

On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation.

These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Internet

Privacy and Cybersecurity June 2019 Events

Please join us for our June events.

June 4
Privacy Breakfast
Paul Otto and Tim Tobin are presenting at the Hogan Lovells Munich office’s privacy breakfast, “EU General Data Protection Regulation,” on privacy topics such as the California Consumer Privacy Act (CCPA), cybersecurity and data breaches, and sector-specific issues found in the life sciences and health care, automotive, and financial … Continue Reading

Posted in Artificial Intelligence, Data Protection & Privacy Mark BrennanBret CohenFilippo Raso

NIST Seeking Input on AI Technical Standards by May 31, 2019

On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence (AI) technologies and the identification of priority areas for federal involvement in AI standards-related activities. Responses to the RFI are due by May 31, 2019.

The RFI … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Joke Bodewits

Will Widened Class Actions Regime Boost Data Litigation in the Netherlands?

On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. The Legislation introduces an option to claim monetary damages in a “US style” class action, including for violations of the GDPR. This Legislation together with the mechanisms already available under Dutch law put the Netherlands … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

The EDPB’s Narrow View of Contractual Necessity

The European Data Protection Board (EDPB) has adopted the narrowest possible interpretation of ‘contractual necessity’ as a ground for processing of personal data. The Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects (adopted on April 9, 2019 and open for consultation until May 24, … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, TMT2020 Mark BrennanSean Spivey

Commerce Secretary Ross to FCC: Overbroad TCPA Rules Could Have a “Devastating” Impact on Federal Agencies and the 2020 Census

As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate Congressional districts, allocate public funding, and deliver critical public services. But the government’s ability to conduct the upcoming Census is under threat from an … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Policy & Regulation, Privacy and Security Litigation

Asia Pacific Data Protection and Cybersecurity Regulation: 2018 in Review and Looking Ahead to 2019

What is in store for data protection and cyber security regulation in Asia Pacific (APAC) in 2019?

2018 was a momentous year for data protection and cyber security regulation globally – the implementation of the European Union’s General Data Protection Regulation (GDPR) was, of course, the main event. The shockwaves of GDPR hit APAC with full force, coupled with the … Continue Reading

Posted in Advertising, Data Protection & Privacy, Digital Single Market (EU) Christelle Coslin

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act.

In this … Continue Reading