Irish High Court Rejects Data Protection Commissioner’s Objection To Copyright Infringement Graduated Response System
On June 27, 2012, Mr Justice Charleton gave his decision in the judicial review action taken by the Irish recording companies to prevent the graduated response system (GRS) agreed with eircom, the largest internet service provider in Ireland, being shut down as illegal…
ANALYSIS: EU Data Protection Reform Proposals: Key Points From The UK Ministry Of Justice’s Call For Evidence
On January 25, 2012, the European Commission published new draft legislation (Regulation) on data protection… It is currently being considered and redrafted by the Commission and will be reviewed by the European Parliament from this autumn onwards…
ANALYSIS: Complying With Data Breach Requirements In France
Data breach notification requirements are receiving more and more attention in the European Union…
ANALYSIS: The EU Article 29 Working Party’s Guidance On Cookie Consent Exemptions
On June 7, 2012, the EU Article 29 Data Protection Working Party adopted an Opinion on “Cookie Consent Exemption” (Working Paper 194). The Working Paper is intended as guidance regarding the correct interpretation of the two exceptions to the consent requirement contained in the EU Cookie Directive.
Netherlands’ Strict New Cookie Rules Take Effect
The new Dutch cookie regime came into effect June 5, 2012, one day after its publication in the Government Gazette. The new rules introduce a stricter regime for most cookies which is based on informed consent…
U.K. ‘Cookies’ Consent Rules Take Effect; Official Says Negotiation Favored Over Fines
LONDON—The release by the U.K. Information Commissioner’s Office of written guidance, a video, video transcript, and a blog on compliance with U.K. cookies rules underscore that it prefers negotiation, or even ordering firms to follow certain security measures, rather than slapping them with monetary penalties.
EU Commissioner Signals Defeat in Battle to Win EU Approval of Anti-Counterfeiting Trade Agreement
BRUSSELS—European Digital Agenda Commissioner Neelie Kroes waved a white flag in the effort to get the Anti-Counterfeiting Trade Agreement implemented in the European Union when she said May 4 it was all but dead because of overwhelming opposition among political groups in the European Parliament.
ECJ: EU Member States May Require ISPs To Disclose Account Data In Copyright Suits
European Union member states may, but do not have to, require electronic communications services to disclose subscriber account data to intellectual property owners pursuing civil copyright infringement litigation, the European Court of Justice, third chamber, ruled April 19, 2012 (Bonnier Audio AB v. Perfect Communication Sweden AB, E.C.J., No. 10-461, April 19, 2012).
ANALYSIS: New South Korean Amendments Include New Data Breach Notification Requirements, Expanded Data Protections
The Act on Promotion of Information and Communications Network Utilization and Information Protection (the “ICNA”) as amended was promulgated on February 17, 2012. The ICNA applies to “information and communications service providers” (“ICSPs”) which are defined to be 1) commercial providers of information services (including those provided by way of using a telecommunications service (e.g., internet service), typically online service providers (including content providers and application providers)), or 2) telecommunications service providers (including facilities-based carriers, resale carriers and value-added service providers).
ANALYSIS: How To Approach The Conflict Between Data Privacy Laws And Cross-Border E-Discovery
Cross-Border Discovery Is on the Rise, and So Are Violations of Data Privacy
In today’s expanding global economy characterized by the rapid advancement of technology, information is increasingly shared more easily and readily across international borders. While there are innumerable advantages to such advancement, it simultaneously poses certain legal challenges. The simple act of sharing information across national borders, even when shared unwittingly, can violate data protection laws in any number of countries in which an organization operates.