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By: DLA Piper

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Latest from Technology's Legal Edge

Anthem, Inc. has agreed to pay a record-setting $16 million to the US Department of Health and Human Services’ Office for Civil Rights (OCR) to settle alleged HIPAA violations in connection with Anthem’s 2015 health data breach that affected almost 79 million people.  In addition to the settlement amount, Anthem agreed to a substantial Corrective Action Plan (CAP) to comply with HIPAA. The $16 million settlement is nearly three times the previous record of $5.55…
As we look around in the mid part of 2018, the outsourcing industry is in something of a state of flux. There are certainly plenty of challenges. In the UK at least (and particularly vis-à-vis the public sector), a harsh spotlight is being shone on outsourcing. Similarly, the wider global movement towards protectionism and national insularity is also affecting outsourcing (with visas for workers becoming ever more difficult to come by). The technical foundations for…
On 17 July 2018 the European Union and Japan agreed to recognize each other’s data protection systems as ‘equivalent’ and to adopt reciprocal adequacy decisions. What is an adequacy decision? An adequacy decision is a decision establishing that a third country provides a comparable level of protection of personal data to that in the European Union. As a result, personal data can flow from the European Economic Area (EEA) (the 28 EU Member States as…
The new European Communications Code (the “Code” – which we have blogged about here) will introduce a mechanism allowing investments in fibre networks made by operators with significant market power (SMP), in some circumstances, to be excluded from the normal access rules that are usually imposed by national regulatory authorities (NRAs). This blog piece will discuss this further and look at some possible models that could qualify for the exemption before concluding with some…
It is now almost two years since the European Commission proposed a new “European Electronic Communications Code” (the “Code”) which would amend and consolidate the current regime (dating from 2002). [i] On 29 June 2018 a new, amended, draft was published. This is expected to go to a final vote in the Autumn of this year. The Code will, when finalised, repeal the existing 2002 Directives and replace them with a single, consolidated text, for…
By Christoph Engelmann, Senior Associate, Hamburg DLA Piper recently advised a client (Transatel) on a very interesting matter leading to the German telecommunications regulator Bundesnetzagentur (BNetzA) issuing a landmark decision on the applicability of the Roaming Regulation on so-called 901 International Mobile Subscription Identities (IMSI). In this decision BNetzA ruled that the defendant in that case, a German Mobile Network Operator (MNO), has to provide the applicant, Transatel, a French Mobile Virtual Network Enabler/Aggregator…
By Jan Spittka and Kiana Mirzaei Only five days after the GDPR became applicable, the first German court, the Regional Court (Landgericht) Bonn (in a decision dated 29 May 2018, case number 10 O 171/18 – in German only), issued a ruling on the practical application of the GDPR. This probably makes the court’s ruling the first GDPR court decision worldwide, and the decision addressed the hot-button issue of public availability of ICANN “WHOIS data”.…
Written by Anna Spencer and Milton Gregory On April 4, 2018, the US Department of Health and Human Services’ (“HHS”) Office of the National Coordinator for Health Information Technology (“ONC”) released a new web-based resource – the ONC Guide to Getting and Using your Health Records – that promotes individual access to medical records by educating patients on their rights of access and amendment under HIPAA and provides detailed instructions on how patients should request…