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Recent Developments from Our Sister Blogs

Data protection and privacy issues frequently intersect with other areas of the law. In addition to the Data Protection Report, Norton Rose Fulbright publishes other blogs covering important legal developments across the globe. These blogs sometimes touch on issues that may be of interest to our readers. As a service to our readers, we highlight … Continue reading

The Intersection of Trademark Law and Cybersecurity

US Supreme Court expands digital privacy rights in Carpenter v. United StatesEarlier this week, our colleague Sue Ross wrote on the intersection of trademark law and cybersecurity on Norton Rose Fulbright’s Brand Protection Blog. The post explains that by protecting its brand, a company can help to improve cybersecurity. For example, by seeking to recover “squatted” domain names and complaining to social networks about trademark infringement, a company … Continue reading

EU Network & Information Security Directive Expected to Become Effective in August 2016

Data Protection Report - Norton Rose FulbrightThe EU Network & Information Security Directive (NISD) (also known as the “Cyber Security Directive”) got one step closer to adoption today when, on May 17, 2016, the EU Council confirmed at first reading the agreement reached with the European Parliament in December 2015. To be enacted, the text must be approved by the European … Continue reading

Big data: French and German authorities explore antitrust issues

Data Protection Report - Norton Rose FulbrightOn May 10, 2016, the French and German antitrust authorities published a joint study on competition law and the collection and use of data, particularly so-called big data (the Big Data Study). Data protection as such is outside the scope of EU competition laws, but antitrust authorities have considered the significance of data on a … Continue reading

IAPP Profiles Norton Rose Fulbright Attorney

Data Protection Report - Norton Rose FulbrightThe International Association of Privacy Professionals (IAPP) recently profiled our colleague Nerushka Deosaran, a technology and privacy lawyer at Norton Rose Fulbright’s Johannesburg office.  Read more in the “volunteer spotlight” feature in the latest edition of The Privacy Advisor. Nerushka was also appointed co-chair of the IAPP’s Johannesburg KnowledgeNet in January 2016.  The Johannesburg KnowledgeNet … Continue reading

Norton Rose Fulbright discusses recent opinion on Privacy Shield

The Article 29 Working Party released an opinion yesterday stating that it would not endorse the EU-US Privacy Shield. Norton Rose Fulbright partners Boris Segalis and Marcus Evans spoke with Law360 to discuss how the opinion will affect private companies. Read the full article and discussion here. For more information on the effects of the Article 29 Working Party’s … Continue reading

European Union-United States Privacy Shield – A Comprehensive Overview: Webinar

Data Protection Report - Norton Rose FulbrightData privacy partners at Norton Rose Fulbright invite you to join them on Thursday, April 21 for a discussion on the EU-US Privacy Shield and the impact of the Article 29 Working Party’s formal opinion on the adequacy of the Privacy Shield. The WP29’s formal opinion is expected on April 12th or April 13th. The discussion will be … Continue reading

Norton Rose Fulbright Adds Data Privacy Partner in Hong Kong

Norton Rose Fulbright is pleased to announce that Anna Gamvros, a leading lawyer in outsourcing, privacy and data protection, has joined as partner in Hong Kong. Gamvros has more than 14 years’ experience working as a technology and privacy lawyer in Hong Kong and joins from Baker & McKenzie where she has been a partner … Continue reading

EU Article 29 Working Party prepares for General Data Protection Regulation and responsibilities as European Data Protection Board

Data Protection Report - Norton Rose FulbrightOn February 11, 2016, the Article 29 Working Party (WP29) issued a statement setting out its 2016 action plan for implementation of the General Data Protection Regulation (GDPR) and its work programme for 2016-2018. WP29 will have 8 working groups leading the implementation of the 2016-2018 work programme. The statement highlights the following points: WP29 … Continue reading

Schrems: the global impact – how the ECJ ruling is affecting countries outside the EU and US

Data Protection Report - Norton Rose FulbrightA number of jurisdictions around the world follow the lead from Europe in relation to data protection and impose similar restrictions on the export of personal data unless there is an “adequate level” of protection offered in the recipient jurisdiction. The EU Commission’s “US Safe Harbor” decision had permitted the transfer of personal data between … Continue reading

South Africa’s new Cybercrimes and Cybersecurity Bill

Data Protection Report - Norton Rose FulbrightThe South African Cybercrimes and Cybersecurity Bill expands on the original sections of the Electronic Communications and Transactions Act, 2002 (ECTA) with the creation of 20 new cybercrime offences.  This illustrates the extent to which technology is being used for unlawful purposes and the need to protect yourself in your activities online.  Comments on the Bill … Continue reading

U.S. and Europe at a Privacy Crossroads – IAPP New York KnowledgeNet event

Data Protection Report - Norton Rose FulbrightOn Wednesday, November 18, Boris Segalis, who co-chairs Norton Rose Fulbright’s Data Protection, Privacy and Cybersecurity practice in the U.S. will participate in an IAPP KnowledgeNet panel to discuss topics on the international agenda including Safe Harbor, the draft European General Data Protection Regulation, trade issues, and issues relating to national security and law enforcement.  The event will be key-noted … Continue reading

European Court of Justice Advocate General’s Advisory Opinion in Schrems case questions validity of personal data transfers under EU/US Safe Harbor framework

Data Protection Report - Norton Rose FulbrightOn September 22, 2015,  the European Court of Justice (“ECJ”) Advocate General issued an advisory Opinion in Case C-362/14 (the “Schrems” case). A key recommendation was for the ECJ to declare the EU/US Safe Harbor Agreement invalid. It remains to be seen whether the ECJ will follow this recommendation. The controversial nature of the Safe … Continue reading

Former Privacy Commissioner of Canada Jennifer Stoddard to headline a privacy event at Norton Rose Fulbright’s Montreal office

Data Protection Report - Norton Rose FulbrightOn September 25, 2015, Jennifer Stoddard will visit Norton Rose Fulbright in Montreal to discuss the proposed sweeping reforms to Quebec’s legislation governing access to information and protection of personal information in the public sector. These reforms include proactive publication of government information at all levels, including studies and statistics in health and education and … Continue reading

Breach notice law in the Netherlands takes effect on 1 January 2016

Data Protection Report - Norton Rose FulbrightToday the Royal Decree setting the date of entry into force of the Bill on Notification of data leaks was published. The law will take effect on 1 January 2016 and introduces an obligation on data controllers in the Netherlands to notify the Dutch Data Protection Authority (College Bescherming Persoonsgegevens) and affected individuals and significantly increases … Continue reading

NLRB asserts employers must bargain with unions on breach response

Data Protection Report - Norton Rose FulbrightThe U.S. National Labor Relations Board (NLRB) recently filed complaints against the United States Postal Service (USPS), alleging that the USPS violated the National Labor Relations Act (NLRA) by failing to collectively bargain with its employees’ union regarding the postal service’s response to a 2014 data breach that reportedly affected over 800,000 current and former … Continue reading

Energy cybersecurity – a critical concern for the nation

Data Protection Report - Norton Rose FulbrightWe have long recognized that effects of cyber-attacks are not limited to the virtual space, and can affect our physical environment. For example, a stolen trade secret may lead to a competitor who copies the design, to lost sales, to lost jobs. However, the relationship between cybersecurity and physical security is far more direct and … Continue reading

Ontario Court of Appeal finds patients’ common law privacy rights not preempted by statute; allows class action to proceed

Data Protection Report - Norton Rose FulbrightIn a recent case involving a breach of patients’ privacy rights — Hopkins v Kay,[i] — the Ontario Court of Appeal ruled that a proposed class action could proceed based on allegations of violation of patients’ common law privacy rights, concluding that those rights were not preempted by the Personal Health Information Protection Act (PHIPA). … Continue reading

White House presses for robust sharing of cyber-threat information

Data Protection Report - Norton Rose FulbrightOn February 13, 2015, President Obama spoke forcefully on cybersecurity threats at the Cybersecurity and Consumer Protection Summit, and signed an Executive Order designed to encourage the sharing of cyber-threat information through the formation of “hubs” – Information Sharing and Analysis Organizations (ISAOs). The President observed that much of the United States’ critical infrastructure runs … Continue reading
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