On 29 July 2019, the Court of Justice of the European Union (CJEU) issued a decision in the Fashion ID case, a case referred to it by a German court. In this blog post we will focus on what this
Data Law Insights
Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery
Data Law Insights, published by Crowell & Moring LLP, focuses on legal issues surrounding data privacy, cybersecurity, and technology law. The blog covers topics such as compliance with privacy statutes like the California Invasion of Privacy Act (CIPA), interpretation of privacy laws in the context of new technologies, and liability risks for companies operating websites and digital services. It also addresses regulatory developments including the EU's NIS2 Directive on cybersecurity obligations for essential and important entities, and the implications for businesses operating across jurisdictions. The blog provides analysis on managing legal risks related to data collection, consent, and information security in evolving technological landscapes.
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Ninth Circuit Rejects Facebook’s Article III Argument; Biometric Lawsuit Will Proceed
On August 8, 2019, the U.S. Court of Appeals for the Ninth Circuit issued yet another decision adopting relaxed standing requirements in privacy litigation, this time in a decision permitting a plaintiff to pursue claims under Illinois’s Biometric Information Privacy…
NIST Extends Comment Period for Two New Drafts
By Kate Growley
The National Institute of Standards and Technology (“NIST”) has extended the comment period on its recently released draft documents, NIST SP 800-171 Revision 2 and NIST SP 800-171B. The comment period for both NIST SP 800-171 Revision 2 and…
Oregon Passes IoT Security Law
Oregon has recently passed a new cybersecurity statute, joining California in requiring manufacturers of “connected devices” to equip qualifying technology with “reasonable security features.” The new law will go into force on January 1, 2020. For further analysis, visit our…
At the GDPR’s First Anniversary, the Impact on US Companies Grows
By George Carry
The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) turned one year old on May 25th. European data protection regulators celebrated by continuing to work through a rising number of complaints and infractions, and by stepping up their monitoring for…
Amendments Proposed To D.C. Rules of Professional Conduct to Address
The District of Columbia Bar Rules of Professional Conduct Review Committee (“Committee”) recently released recommended changes to D.C. Bar rules 1.1, 1.6, and 4.4 to address the increased focus and evolving landscape of E-Discovery and technology in law. All D.C.…
Seventh Circuit Wades into Big Data Case Law
By Kate Growley
As the country’s new Congress settles into its term, several technology issues are coming to the forefront. A number of Senators recently questioned the Department of Justice over how it is collecting cellphone-location data in the wake of the Supreme Court’s landmark Carpenter …
Clarifications Needed After DOJ’s New FCPA Policy
The U.S. Department of Justice released revisions to the Foreign Corrupt Practices Act corporate enforcement policy on March 8, 2019. While intended to clarify the DOJ’s position on a number of hot-button issues, including its controversial stance on certain instant-messaging…
EDRM’s TAR Guidelines: Validity Measures and Considerations for Practitioners
EDRM and the Bolch Judicial Institute at Duke Law recently released Technology Assisted Review (TAR) Guidelines (Guidelines) with the aim “to objectively define and explain technology-assisted review for members of the judiciary and the legal profession.” Among the topics covered…
DoD Increases DCMA Cybersecurity Responsibilities
By Kate Growley
The Department of Defense recently released a memorandum directing the Defense Contract Management Agency (DCMA) to implement and assess company-wide cyber compliance with the DFARS Safeguarding Clause and related security standard, NIST SP 800-171. For further analysis, visit our Government…