McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsMcDermott To De-Mystify CalOPPA Compliance During February 25 Webinar
By McDermott Will & Emery on Feb 24, 2014
Posted In Consumer Protection, Data Privacy, Mobile Apps
As we have previously discussed, California Governor Brown signed into law amendments to the California Online Privacy Protection Act (CalOPPA), the 2004 law that requires commercial websites, mobile apps and digital service providers to “conspicuously” post a “privacy policy” if the site or service collects personally identifiable information about California residents. The amendments to CalOPPA...
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The FTC Means It: Another Safe Harbor Enforcement Action
By McDermott Will & Emery on Feb 13, 2014
Posted In Consumer Protection, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
No doubt about it: the U.S. Federal Trade Commission (FTC) is serious about taking action against companies that misrepresent their U.S.-EU Safe Harbor certification status. On February 11, 2014, the FTC announced that children’s online entertainment company Fantage.com agreed to settle charges that it deceptively represented, through statements in its online privacy policy, that it...
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Data Privacy Day 2014
By McDermott Will & Emery, David Quinn Gacioch and Edward G. Zacharias on Jan 29, 2014
Posted In Advertising & Marketing, Consumer Protection, Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield, Electronic Contracting, Mobile Apps, Social Media, Text Messaging
In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet. Our panel of speakers discussed significant U.S. data privacy and protection events from 2013 and shared thoughts about what’s ahead for...
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In with the New: 2014 Privacy, Advertising and Digital Media Predictions
By McDermott Will & Emery on Jan 24, 2014
Posted In Advertising & Marketing, Cloud, Consumer Protection, Cybersecurity, Data Transfers/Safe Harbor/Privacy Shield, Mobile Apps
Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make headlines in 2014? Here are predictions from Of Digital Interest’s U.S. editorial team: User Tracking Law Enforcement in California: “Amendments to...
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LinkedIn Claims Breach of Contract by Bot Users
By McDermott Will & Emery on Jan 21, 2014
Posted In Electronic Contracting, Social Media
LinkedIn, the social networking site popular among professionals, recently filed suit in the US District Court for the Northern District of California against unknown users who deployed automated software programs known as “bots” to register thousands of fake LinkedIn profiles and “scrape” LinkedIn’s servers for member data. The complaint alleges that the bot users scraped...
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The UK ICO’s Vision for the Future
By McDermott Will & Emery on Dec 16, 2013
Posted In Consumer Protection, Data Privacy
The United Kingdom Information Commissioner’s Office (UK ICO), the UK regulator of information rights, has issued a consultation document to get feedback from consumers and stakeholders on the role and impact it should adopt in the future. According to the UK ICO, the main challenges to be faced in the coming years are an increasing...
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EU Disagrees on Data Protection “One-Stop Shop” Regime
By McDermott Will & Emery on Dec 10, 2013
Posted In Data Privacy
The completion of the Data Protection Regulation faced another set-back last Friday (December 6, 2013) at the Council of Ministers, in which there was a fundamental disagreement surrounding the proposed “one-stop shop.” This proposal seeks to allow multinational companies to deal only with the privacy regulator of the member state in which the company is...
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BYOD is Here to Stay
By McDermott Will & Emery on Dec 6, 2013
Posted In Cybersecurity
The buzz at Georgetown Law’s recent Advanced eDiscovery Institute on Information Governance and Big Data (November 21-22, 2013) made it crystal clear to attending corporate C-suiters: Bring Your Own Device (BYOD) is here to stay and so are its risks. BYOD describes the trend of companies allowing employees to use their personal smart phones, tablets...
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Safe Harbor: Still Alive, Well and Producing Corporate-Wide Privacy Management Programs
By McDermott Will & Emery on Nov 26, 2013
Posted In Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
More than 4,000 U.S.-based multinational companies have selected the U.S. – E.U. Safe Harbor Program as the preferred compliance mechanism for international data transfers from the E.U. to the U.S. Recent transatlantic surveillance politics between the European Union and the United States have, however, focused a controversial spotlight on the Safe Harbor Program. In the world...
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Consumer Data Privacy Update for Marketers, Part 2: New Telemarketing/Text Message Marketing Rules Effective October 16, 2013
By McDermott Will & Emery on Nov 21, 2013
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Ecommerce, Mobile Apps, Promotions, Sweepstakes & Contests, Text Messaging
The Federal Communications Commission (FCC)’s Report and Order 12-21 (Order 12-21), issued in February 2012, describes revised telemarketing rules that became effective during the past 12 months. The FCC’s telemarketing rules are issued under the Telephone Consumer Protection Act (TCPA) and apply to a telephone call to a residential landline or wireless number or a...
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