Posts in EU

behavioral analytics, behavioral marketing, behavorial advertising, cookies, EU, European Union, Google, international, Privacy Policy

European Criticism for Google's New Privacy Policy

By W. Scott Blackmer on February 28, 2012

Google's new privacy policy (and its plans to create user profiles across multiple online services) has drawn fire from European data protection authorities. Online and mobile retailers and service providers should take account of a renewed emphasis on transparency and proportionality in collecting data about users.

Boris Segalis, cross-border, Dan Or-Hof, data protection, data transfer, EU Data Protection Directive, EU Directive, European Commission, ILITA, InfoLawGroup, information law group, Israel, model clauses, Privacy Protection Act, Safe Harbor, Yoram Hacohen

EU Confirms Adequacy of Data Protection in Israel, Simplifies Personal Data Transfers

By InfoLawGroup LLP on February 01, 2011

Dan Or-Hof, a privacy and technology partner at the Israeli law firm Pearl Cohen Zedek Latzer is reporting that the EU Commission published the much-anticipated announcement on the adequacy of data protection law in Israel. Published on January 31, 2011, the decision adopted by the Commission determines that Israel provides an adequate level of protection for personal data transferred from the EU, however only in relation to automated international data transfers and to automated processing of data in Israel.

data protection, data transfer, EU Data Protection Directive, EU Directive, European Commission, European Union, Legislation, OECD, privacy, privacygenerations

European Commission Announces Strategy for Revising EU Data Protection Rules

By InfoLawGroup LLP on November 04, 2010

Earlier today, the European Commission released documents setting out the road map for revision of the European data protection rules, including the EU Data Protection Directive 95/46/EC. The strategy is based on the Commission's position that an individual's ability to control his or her information, have access to the information, and modify or delete the information are "essential rights that have to be guaranteed in today's digital world." The Commission set out a strategy on how to protect personal data while reducing barriers for businesses and ensuring free flow of personal data within the European Union.

Cloud, cloud computing, EU, EU Data Protection Directive, EU Directive, European Union, Germany, international data transfers, Safe Harbor, transborder data flows

European Reservations?

By W. Scott Blackmer on August 25, 2010

German state data protection authorities have recently criticized both cloud computing and the EU-US Safe Harbor Framework. From some of the reactions, you would think that both are in imminent danger of a European crackdown. That's not likely, but the comments reflect some concerns with recent trends in outsourcing and transborder data flows that multinationals would be well advised to address in their planning and operations.

Binding Corporate Rules, clauses, cloud computing, consent, contract, controller, EU, EU Data Protection Directive, EU Directive, European Union, offshoring, outsourcing, processor, Safe Harbor, sstandard, standard contractual clauses

Do the New EU Processing Clauses Apply to You?

By W. Scott Blackmer on June 10, 2010

A new set of EU standard contract clauses ("SCCs" or "model contracts") for processing European personal data abroad came into effect on May 15, 2010. Taken together with a recent opinion by the official EU "Article 29" working group on the concepts of "controller" and "processor" under the EU Data Protection Directive, this development suggests that it is time to review arrangements for business process outsourcing, software as a service (SaaS), cloud computing, and even interaffiliate support services, when they involve storing or processing personal data from Europe in the United States, India, and other common outsourcing locations.

compliance, contract management, data protection, data security, information governance, information security, management, pia, privacy, privacy audit, privacy governance, privacy impact assessment, procurement, risk management, security governance, standards

Information Governance

By W. Scott Blackmer on May 06, 2010

Security governance is often well established in large organizations, but privacy governance typically lags. It is time for a broader approach to "information governance" that focusses on the kinds of sensitive data handled by the enterprise and establishes policies to assure compliance and effective risk management, as well as better customer, employee, government, and business relations.

IAPP, International Association of Privacy Professionals

My Notes from the IAPP Global Privacy Summit 2010

By InfoLawGroup LLP on April 21, 2010

As some of you know, I tweeted my notes from the IAPP Global Privacy Summit 2010 yesterday and today (@Forsheit for those of you on Twitter). Since many of our readers are not on Twitter, I thought I would provide you with those notes here (minus the usual Twitter hashtags and abbreviations). Please note that there were multiple sessions, and this reflects only those I was able to attend, and only the information I could quickly record, putting virtual pen to paper. These are not direct quotes, unless specifically designated as such. Overall, I think it was a great conference, a wonderful opportunity to reconnect with other lawyers and privacy professionals, and to meet students, lawyers, and others looking to learn more about this constantly evolving legal and compliance space. For me, the conference highlight was Viktor Mayer-Schonberger's keynote this morning on The Virtue of Forgetting in the Digital Age. Without further ado, here are my notes. Would love to hear your thoughts/reactions.

IAPP, International Association of Privacy Professionals, Red Flags Rule

Live from the IAPP Global Privacy Summit in Washington, DC, It's Monday Afternoon

By InfoLawGroup LLP on April 19, 2010

This week, I will be providing short updates from the IAPP Global Privacy Summit in Washington, DC. The conference will be in full swing tomorrow, and I will report on various panels and topics of interest. In the meantime, as I prepare to see old and new friends at the Welcome Reception this evening, a few thoughts on what I expect to see and hear a lot over the next few days.

AdWords, Electronic Commerce Directive, European Union, fair trade practices, Google, keyword advertising, service provider liability, trademark, unfair competition

European Court Hands Google a Keyword Victory but Warns Online Advertisers

By W. Scott Blackmer on March 26, 2010

The European Court of Justice rules that Google is not liable for automated keyword advertising based on brand names. Advertisers, however, may be liable under trademark and fair competition laws if the ads misleadingly suggest that they link to the trademark owner.

cloud computing, EU Directive, international data transfers, model contracts, outsourcing, standard contract clauses, standard contractual clauses, transborder data flows

EU Adopts New Standard Contract Clauses for Foreign Processors

By W. Scott Blackmer on February 08, 2010

The European Commission has announced a new set of standard contractual clauses to be used in agreements with processors located outside the EU / EEA. The new SCCs represent an effort to better ensure privacy protection when European personal data are passed on to subcontractors in business process outsourcing, cloud computing, and other contexts of successive data sharing.

agreements, breach notice, certification, compliance, confidentiality, contracts, incident response, indemnification, information security, insurance, liability, risk management, standards

Information Security Clauses and Certifications - Part 1

By W. Scott Blackmer on January 17, 2010

Service contracts that involve protected personal information should include provisions allocating responsibility for protecting that information and responding to security breaches. Increasingly, this means incorporating specific references to applicable laws and information security standards, and often certifications of conformance.