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Article 29 Working Party Adopts Procedure on Approval of Model Clauses


By on Dec 18, 2014
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield

On 26 November 2014, the Article 29 Working Party adopted a working document on establishing a cooperation procedure for issuing common opinions on whether contractual clauses are compliant with the European Commission’s Model Clauses (Model Clauses). The working document establishes the procedure in which companies wishing to use identical contractual clauses in different Member States...

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Is There an End in Sight for EU Data Protection Reform?


By on Dec 2, 2014
Posted In Big Data, Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, General Interest

On 5 November 2014, Peter Hustinx, the European Data Protection Supervisor (EDPS), together with Germany’s Federal Data Protection Commissioner, Andrea Voβhoff, held a panel discussion in respect of the state of play and perspectives on EU data protection reform. Although participants identified a number of key outstanding issues to be resolved prior to the conclusion...

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UPCOMING WEBINAR | Digital Health: The New Dynamics — Big Data Part I: Data-Driven Life Sciences Innovation, Personalized Medicine and Research


By on Dec 1, 2014
Posted In Big Data

Health care and life sciences companies increasingly operate in a digital environment. McDermott Will & Emery is hosting a complimentary four-part webinar series to explore the practical business considerations and to simplify the regulatory complexity of digital health, including health information technology (IT), big data, mobile health and telehealth. WEBINAR TWO Big Data Part I:...

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Just In Time for the Holidays: More Security Requirements From NIST


By on Nov 19, 2014
Posted In Cybersecurity

National Institute of Standards and Technology (NIST) has published draft recommendations aimed at securing the confidentiality of sensitive federal information located within non-federal entities’ information technology systems.  Draft Special Publication 800-171 includes draft recommendations intended to secure all “controlled unclassified information (CUI)” for non-federal entities doing business with, or for, the federal government.  CUI includes personally...

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You Are Invited: Join FTC Chairwoman Ramirez on November 12 at Our Menlo Park Office for a Conversation on Privacy and Technology


By on Nov 6, 2014
Posted In Data Privacy, General Interest

Will you be in the Bay Area on November 12?  You are invited to join Federal Trade Commission (FTC) Chairwoman Edith Ramirez at McDermott’s office in Menlo Park, California for a conversation in privacy and technology.  The FTC is celebrating its 100th anniversary and this will be the first time Chairwoman Ramirez is visiting the Bay...

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California Continues to Lead with New Legislation Impacting Privacy and Security


By and on Oct 13, 2014
Posted In Consumer Protection, Cybersecurity, Data Privacy, Social Media

At the end of September, California Governor Edmund G. Brown, Jr. approved six bills designed to enhance and expand California’s privacy laws. These new laws are scheduled to take effect in 2015 and 2016.  It will be important to be mindful of these new laws and their respective requirements when dealing with personal information and when...

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Be Careful Who You Hire To Make Those Calls! Ninth Circuit Takes Expansive View of Vicarious Liability under the TCPA


By on Oct 1, 2014
Posted In Advertising & Marketing, Consumer Protection, General Interest, Text Messaging

A recent ruling by the Ninth Circuit took an expansive view of vicarious liability under the Telephone Consumer Protection Act (TCPA).  Reversing the district court’s grant of summary judgment, the court in Gomez v. Campbell held that a marketing consultant could be held liable for text messages sent in violation of the TCPA, even though...

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Article 29 Working Party Discusses the Right to be Forgotten


By on Sep 30, 2014
Posted In Consumer Protection, Data Privacy

On 18 September 2014, the European Union’s Article 29 Data Protection Working Party published a press release outlining its recent plenary session discussions on the so-called “right to be forgotten” or “de-listed.” The Working Party identifies that search engines, as data controllers, are under an obligation to acknowledge requests to be de-listed and establishes amongst...

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GPEN Publishes Privacy Sweep Results


By on Sep 29, 2014
Posted In Cloud, Consumer Protection, Data Privacy, Mobile Apps, Social Media

On 10 September 2014, the Global Privacy Enforcement Network (GPEN) published the results of its privacy enforcement survey or “sweep” carried out earlier in 2014 with respect to popular mobile apps.  The results of the sweep are likely to lead to future initiatives by data protection authorities to protect personal information submitted to mobile apps....

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Digital Marketing Minute: A Bad Review for Yelp


By on Sep 23, 2014
Posted In Mobile Apps, Social Media

The Federal Trade Commission (FTC) announced last week that Yelp – the online service through which consumers can read and write reviews about local businesses – has agreed to pay $450,000 to settle the FTC’s charges that Yelp knowingly and without verifiable parental consent (VPC), collected personal information from children under the age of 13 through its...

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