ANALYSIS: Complying With Data Breach Requirements In France
Data breach notification requirements are receiving more and more attention in the European Union…
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…
Japan Weighing Smartphone, Cloud Computing Security Measures
TOKYO—In response to an explosive rise in malware threatening smartphone users, a Japanese government policy commission is recommending a set of measures to ensure smartphone and cloud computing security, among them advancing technical developments and enhancing vendor and user awareness about risks.
South African Cabinet Approves National Cybersecurity Framework
CAPE TOWN—South Africa’s executive-level Cabinet has approved a National Cyber Security Policy Framework for South Africa, bringing the country one step closer to developing legislation to address cyberspace national security threats and combat cybercrime.
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: New Czech Electronic Communications Act Introduces Personal Data Breach Notification Requirements, Other Data Protection Measures
On January 1, 2012, an amendment to the Act on Electronic Communications came into force in the Czech Republic (Act No. 468/2011 Coll.) (the “Act”). The main reason for the amendment is to improve the existing regulatory framework applying to electronic communications. In particular, the amended Act transforms the tendering procedure for the allocation of radio frequencies and aims to improve the position of consumers. Under the amended Act, consumers can, amongst other things, look forward to more transparent contracts with their communications providers, less expensive services, improved communications and, importantly, new policies in relation to privacy and data protection.
Canadian Anti-Spam Law’s First Regulations Finalized
On March 7, 2012, the Canadian Radio-television Telecommunications Commission (CRTC) quietly registered its Electronic Commerce Protection Regulations (CRTC regulations) under legislation now widely, but still informally, known as Canada’s anti-spam law. The CRTC regulations — which were issued in final form without provision for further public consultation — are one of two sets of regulations, the other being those of Industry Canada (IC), which are preconditions to the implementation of the anti-spam law, which was originally adopted in December 2010 but is not yet in force. …
ANALYSIS: Lithuania’s New Personal Data Breach Notification Requirements
On June 28, 2011, the Seimas (Parliament) of the Republic of Lithuania adopted amendments to the Law on Electronic Communications….
ANALYSIS: A Broader Perspective On EU Concerns About US Law Enforcement Access To Information In The Cloud
Cloud computing is gaining momentum as the new IT paradigm and a leading business and economic model. In weighing the pros and cons of going cloud, users must assess what this means for them in terms of security and data protection, just how safe, private and confidential their data is in the cloud, both from a technical and legal point of view…