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Advocate General’s opinion on social networks’ obligations on (worldwide) deletion of illegal content

By Sven Schonhofen & Friederike Detmering on June 17, 2019

“The internet’s not written in pencil, it’s written in ink.” Advocate General (AG) Szpunar commenced his opinion dated 4 June 2019 in Case C-18/18 (Opinion, available here) with the above quote from the movie The Social Network. In the Opinion the AG analysed the substantive scope of injunctions, in particular if social network providers “may be required to delete, with the help of a metaphorical ink eraser, certain content placed online by users of…

Technology Law Dispatch

FTC settlement and warning letters over cross-border personal data transfers

By Mark Quist & Gerard Stegmaier on June 17, 2019

The Federal Trade Commission’s (FTC) recently announced settlement with background check provider SecurTest, Inc. shows the agency remains vigilant regarding businesses’ claims that they comply with the EU-U.S. Privacy Shield Framework (Privacy Shield). Privacy Shield provides U.S. businesses with a legally recognized mechanism for receiving personal data in the United States from the EU. In its complaint against SecurTest, the FTC alleges that for several months SecurTest falsely claimed on its website that it complied…

Technology Law Dispatch

Regulating UK digital services – the British government shares its thoughts

By Cynthia O’Donoghue & John O'Brien on June 13, 2019

The UK government recently published its response (Government Response) to a House of Lords committee report (Committee Report) discussing prospective regulation of digital services facilitated by the internet. The Government Response largely accepts the key recommendations of the Committee Report, and finds the Committee Report is closely aligned with the government’s preferred approach. The Government Response also refers to the objectives identified in its recently published Online Harms White Paper. We summarise some of…

Technology Law Dispatch

European Commission issues guidance on the free flow of non-personal data in the EU

By Cynthia O’Donoghue & Eleanor Brooks on June 13, 2019

The new Regulation (EU) 2018/1807 on a framework for the free flow of non-personal data in the EU (Free Flow of Non-Personal Data Regulation), which we discussed in a previous blog, became applicable from 28 May 2019. Together with the General Data Protection Regulation (EU) 2016/679 (GDPR), the two regulations now provide a “comprehensive framework for a common European data space and free movement of all data within the European Union”. The European Commission…

Technology Law Dispatch

EU Cybersecurity Act gets the green light!

By Cynthia O’Donoghue & Howard Womersley Smith on June 11, 2019

On 7 June 2019, Regulation (EU) 2019/881 on ENISA (the European Union Agency for Network and Information Security) and on information and communications technology cybersecurity certification, also known as the Cybersecurity Act, was given the final go-ahead and published in the Official Journal of the European Union. The Cybersecurity Act will come into force on 27 June 2019. As highlighted in our previous blog on the Cybersecurity Act, cyberattacks are becoming more and more…

Technology Law Dispatch

Nevada and Oregon expand their data privacy laws

By Divonne Smoyer, Aaron Lancaster & Alexis Cocco on June 6, 2019

May was a busy month for state privacy law updates and amendments. In addition to amendments made by Texas to its breach notification law, both Oregon and Nevada expanded their privacy-related laws this month, while Illinois’s CCPA-like law failed to pass after a variety of amendments related to whether the law would allow for a private right of action. In Oregon, the legislature expanded its data breach notification statute (ORS §§ 646A.600 et seq.).…

Technology Law Dispatch

UK Jurisdiction Taskforce consultation on cryptoassets, distributed ledger technology and smart contracts

By Cynthia O’Donoghue & Howard Womersley Smith on June 6, 2019

The UK Jurisdiction Taskforce (UKJT) recently published a consultation paper requesting submissions from stakeholders working with, or interested in, cryptoassets, distributed ledger technology (DLT) and smart contracts. Submissions will inform a legal statement by UKJT which will aim to settle questions on the legal status of cryptoassets and smart contracts. UKJT is drawn from industry, government and the judiciary and was formed to facilitate the growth of the UK legal sector. UKJT seeks to clarify…

Technology Law Dispatch

Texas makes its data breach notification law more current

By Bart Huffman & Wendell Bartnick on June 5, 2019

Texas will see changes to its breach notification law, but comprehensive privacy legislation at the state level will not occur until 2021 at the earliest. This year, two privacy bills were introduced in the Texas legislature. House Bill 4518 (modeled on the California Consumer Privacy Act) did not pass in any form. The other bill, House Bill 4390, did pass, but it was amended substantially before its passage. As passed, HB 4390 amends Texas’s data breach…

Technology Law Dispatch

One year of GDPR – lessons learned by the ICO

By Cynthia O’Donoghue & Curtis McCluskey on June 4, 2019

The Information Commissioner’s Office (ICO) has published its update reflecting on its GDPR experience over the past year and its upcoming priorities to stay relevant, foster innovation and maintain its position as an “influential regulator on the national and international stage”. Supporting the public, DPOs, SMEs and other organisations The first year of the GDPR has made individuals aware of the control they have in relation to their personal data and of the powers regulators…

Technology Law Dispatch

Blog Authors

Advocate General’s opinion on social networks’ obligations on (worldwide) deletion of illegal content

FTC settlement and warning letters over cross-border personal data transfers

Regulating UK digital services – the British government shares its thoughts

European Commission issues guidance on the free flow of non-personal data in the EU

EU Cybersecurity Act gets the green light!

More questions, complaints, and cross-border enforcement – GDPR one year on

Nevada and Oregon expand their data privacy laws

UK Jurisdiction Taskforce consultation on cryptoassets, distributed ledger technology and smart contracts

Texas makes its data breach notification law more current

One year of GDPR – lessons learned by the ICO

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