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Tag Archives: data privacy

Posted in Data Protection & Privacy Bret Cohen

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

This is the fifth installment in Hogan Lovells’ series on the California Consumer Privacy Act. 

As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation (GDPR). At first glance, it is clear that the drafters of the … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Massimiliano MasnadaMarco Berliri

GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. The approach of the legislator was to maintain the structure of former Legislative Decree 196/2003 (the “Privacy Code”) which, however, has been extensively amended and … Continue Reading

Posted in Data Protection & Privacy Michelle Kisloff

Data class actions in the US

Over the past few years, there has been a surge in class actions challenging companies’ privacy and data security practices. But, while the number of class actions continues to grow, the suits face several significant challenges, have afforded limited relief to individual consumers, and have provided no coherent privacy standards in the US By comparison, the primary government regulator, the … Continue Reading

Posted in Data Protection & Privacy Christine GateauWinston MaxwellEduardo Ustaran

The General Data Protection Regulation timidly opens the doors to data class actions in Europe

More than 15 years after the adoption of the Data Protection Directive1, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online activity2.

Acknowledging this, the General Data Protection Regulation (GDPR)3 was finally adopted by the European Parliament on 14 April 2016, entering … Continue Reading

Posted in Data Protection & Privacy Christine GateauWinston MaxwellChristelle CoslinPauline Faron

French initiatives: “class action” or “collective action” for personal data protection?

Both the French Council of State in its annual report for 2014 as well as the National Digital Council (hereinafter, “CNNum”) in its “Digital Ambition” report voiced support for the creation of an action enabling consumers to collectively seek redress for violations of regulations protecting personal data.

However, their recommendations are different regarding the goal of this action.

After some … Continue Reading

Posted in Data Protection & Privacy Christine GateauWinston MaxwellEduardo Ustaran

Four key lessons when facing data class actions in Europe

Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU.

Damages

In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that … Continue Reading

Posted in Data Protection & Privacy Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – a user’s guide to data lakes and GDPR

A data lake is an infrastructure that permits different data sets from within a group to be combined and analysed together.

To analyse a data lake under GDPR, it is helpful to think of a data lake in two phases, which we analyse in our user guide.

The infrastructure phase

Here, the guide covers:

  • Identify the entity that is
Continue Reading
Posted in Data Protection & Privacy Winston MaxwellSam Choi

The starting point for a big data project: the privacy impact assessment

The era of big data is here. Although we are yet to see its full potential, the use of big data analytics is already proving invaluable to businesses and its applications have been found in numerous and diverse sectors.

However, the use of big data has also brought much controversy, particularly when it involves sensitive information, concerns children, minorities or … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – regulatory silo-busting to optimize risk management

“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.

The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.

Their task is not easy because the number of laws regulating the processing … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanBret CohenHarriet PearsonTimothy Tobin

Webinar Invitation – California Consumer Privacy Act: What you need to know now

On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation (GDPR).  Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act (CCPA) will affect them.

Please … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – using the GDPR to create data value

“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.

The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.

Their task is not easy because the number of laws regulating the processing … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellHarriet PearsonJohn SalmonEduardo Ustaran

Getting to data nirvana – understanding data value and ownership

“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.

The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.

Their task is not easy because the number of laws regulating the processing … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

New Webcast: Worried about the GDPR? Don’t panic!

If you’ve got any worries about the GDPR – Europe’s new data privacy regime – then we’re here to help with our recently recorded webcast, explaining why there’s no need to panic.

It’s a great discussion, with our industry-leading panel looking offering lots of helpful tips and practical examples of how you can prepare for the GDPR, even after the … Continue Reading

Posted in Data Protection & Privacy Christine GateauTim WybitulMichelle Kisloff

Data Class Actions: the era of mass data litigation

Class actions are commonplace in the United States but relatively rare in Europe.

The European Union wants to change that, by facilitating class actions for mass privacy and data breaches.

With the development of big data, the scope and impact of potential data breaches or losses have indeed significantly increased. In the EU, the GDPR comes into effect. Due to … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Timothy TobinWinston Maxwell

Straight Talks podcast: Data privacy and cybersecurity in the age of rolling smart devices

The U.S. Environmental Protection Agency was created in 1970 to safeguard the environment against pollutants. The tidal wave of environmental regulations that followed impacted every industry in the United States, especially the automotive market. Decades later, organizations have internalized these regulations into their culture.

Today, the European Union’s General Data Protection Regulation (GDPR) is driving a regulatory wave of similar Continue Reading

Posted in Data Protection & Privacy Mark Parsons

Asia Data Protection and Cyber Security Guide 2018

As global focus on data protection and cyber security law and regulation continues to increase, the Asia-Pacific region is increasingly an area of concern for global compliance programs.

Much of the focus internationally has been on preparations for the May, 2018 implementation of the EU GDPR. However, the APAC region is also noteworthy for a number reasons, including China’s ongoing … Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

Is Artificial Intelligence the Ultimate Test for Privacy?

Nothing challenges the effectiveness of data protection law like technological innovation. You think you have cracked a technology neutral framework and then along comes the next evolutionary step in the chain to rock the boat. It happened with the cloud. It happened with social media, with mobile, with online behavioural targeting and with the Internet of Things. And from the … Continue Reading

Posted in Data Protection & Privacy

Why Companies in Mexico Should Reassess Their Compliance with Data Privacy Protocols—and Their Risk of a Data Breach

According to the Constitution of Mexico, the protection of personal data is a fundamental right of all Mexican citizens. Under federal law, individuals also have a right to access, change, oppose, or suppress their personal data. Although all private companies process data, some are not sufficiently familiar with Mexico’s data privacy principles and regulations, and many may not have an … Continue Reading

Posted in Data Protection & Privacy Natalia GulyaevaMaria SedykhBret Cohen

Russia Partially Releases 2018 Data Privacy Inspection Plans

Two weeks ago, certain territorial divisions of the Russian Data Protection Authority, Roskomnadzor, published their 2018 plans for conducting inspections of local companies’ compliance with Russian data privacy requirements, including with Russia’s data localization requirement. The inspection plans contain a number of prominent multi-national and Russian companies.

Within such inspections, Roskomnadzor assesses the compliance of the entity with Russian … Continue Reading

Posted in Data Protection & Privacy Bret Cohen

U.S. Supreme Court Takes Microsoft Corp. v. United States in Law Enforcement Access Row

Last Monday, the Supreme Court granted certiorari in the Microsoft search warrant case, a case in which Microsoft challenged the U.S. government’s right to use the warrant process to obtain certain emails stored overseas.  Some view the upcoming decision as signaling the level of access the U.S. government will have to the growing troves of data U.S.-based technology companies … Continue Reading

Posted in Data Protection & Privacy, Technology Falk SchoeningChristian Ritz

Big Data and digital markets remain in the focus of competition authorities – German FCO continues to lead the way

On 6 October, the German Federal Cartel Office (“FCO”) launched its new series of papers on “Competition and Consumer Protection in the Digital Economy”. The first paper deals with “Big Data and Competition”. The same day, a “real-life example” of competition enforcement in Big Data became public. The EU Commission confirmed unannounced inspections in “a few Member States” concerning Continue Reading

Posted in Cybersecurity, Data Protection & Privacy

Former FTC Chairwoman Edith Ramirez Joins Hogan Lovells Privacy and Cybersecurity Practice

Hogan Lovells has announced that Edith Ramirez, the former Chairwoman of the US Federal Trade Commission (FTC), has joined the firm as a partner and will play an active role in Hogan Lovells’ Privacy and Cybersecurity practice. She will also co-head the firm’s Antitrust, Competition and Economic Regulation (ACER) practice.

Ramirez will co-lead the global antitrust practice alongside Suyong … Continue Reading

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