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Tag Archives: Data Protection

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Introduction to Hogan Lovells’Blog Series

Groundbreaking. Watershed. Unprecedented.

We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, ‌2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy.

We will explore the ramifications for businesses of this seminal legislation … 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 Mark Parsons

India’s Draft Personal Data Protection Bill, 2018: Charting the “Fourth Way”

India’s Committee of Experts, under the chairmanship of Justice B.N. Srikrishna (the Srikrishna Committee), has submitted a draft Data Protection Bill (the Bill) for review by the Ministry of Electronics and Information Technology. The Srikrishna Committee tabled the Bill alongside a report entitled “A Free and Fair Digital Economy – Protecting Privacy, Empowering Indians” (the committee report).

India Charts its 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 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 Broadcasting, Copyright, Cybersecurity, Data Protection & Privacy, Digital Single Market (EU), e-commerce, Policy & Regulation, Technology, Telecoms & Broadband Peter WattsPenny Thornton

The Brexit White Paper: A digital Brexit?

The UK Government’s White Paper sets out detailed proposals for the UK’s relationship with the EU following Brexit.

As described in our dissection of the document as a whole, the White Paper sees the digital economy as an area of global opportunity for the UK.   So what does the Government have to say about sector?

The White Paper’s distinguishes Continue Reading

Posted in Data Protection & Privacy Eduardo Ustaran

Cookie Consent Is the New Panic

Judging by the number of calls and the intensity of the discussions about how to comply with the cookie consent requirement in a post-GDPR world, this issue has become a top worry for organisations and data protection officers. Partly due to the visibility of the mechanisms used to collect this consent, and partly due to the potential implications of operating … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Mark BrennanTimothy Tobin

California Enacts Sweeping New Comprehensive Privacy Legislation

California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that … 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, Policy & Regulation Winston MaxwellPatrice Navarro

One day before the entry into force of the GDPR, the French bill is adopted… but referred to the French Constitutional Council (“Conseil Constitutionnel”)

The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This procedure led to the adoption in final reading by the French National Assembly of the bill on 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 Cybersecurity, Data Protection & Privacy Sarah Turner

10 steps to better cybersecurity -‘Intellectual Values seminar series #1’ video

Last month we hosted our annual ‘Intellectual Values’ seminar in London which this year focused on the ‘connected world’. Sarah Turner, an IP partner in our Tech Hub, gave a talk on the steps companies can take to improve their cybersecurity. The potential damage resulting from a cybersecurity attack is ever increasing as the world becomes more and more … Continue Reading

Posted in Technology Nils Rauer

Every bit counts: Could Blockchain be a solution for e-mobility?

Does blockchain technology open up new avenues in the field of electromobility? Can decentralized processes that are controlled by a large network be used to convert individual mobility on the road to electrified vehicles and sustainable energy resources? These questions are the starting point of the following blog post of our series on blockchain. In addition to smart contractsContinue 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, Policy & Regulation, Technology Winston Maxwell

Should we regulate artificial intelligence?

Hogan Lovells partner Winston Maxwell spoke on October 12, 2017 at a conference on artificial intelligence organized by the French think tank “Le Club des Juristes”. What follows is an English version of his prepared remarks.

Artificial intelligence (“AI”) permits valuable new applications for society. Autonomous vehicles will increase safety and reduce pollution. Voice recognition could make computer keyboards obsolete. … 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