Archives: Regulatory

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FRAND licensing in Germany – the recent Düsseldorf decision

The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikationssystem have established a new framework that should be followed when courts are benchmarking standard-essential patents (SEP) licence offers. The court has commented on which requirements are to be placed on the infringement notice, the licence request and the licence offer and how … Continue Reading

European Commission VP comments on harmonisation and monetising user data, and guidance on the direct application of the GDPR is issued

On 28 February 2018, Andrus Ansip, the European Commission (Commission) Vice President and commissioner responsible for the Digital Single Market strategy, commented that all companies should be able to monetise user data, in the same way that social media companies do. Mr Ansip’s comments reflect the aims of the General Data Protection Regulation (GDPR) to … Continue Reading

UK government publishes response to its consultation on the Directive on security of networks and information systems

The UK government has published its response to a public consultation on the EU Directive on security networks and information systems (NIS Directive) that opened in August last year. The response sets out the UK’s vision for improving the security of the UK’s essential services by implementing the NIS Directive. The NIS Directive The NIS … Continue Reading

UK government publishes the Digital Charter and reaffirms creation of the Centre for Data Ethics and Innovation

Earlier this year the UK Department for Digital, Culture, Media & Sport published its new Digital Charter. This short document outlines a UK rolling programme of work designed to make the UK a friendly environment to start-up and grow digital businesses. It is also designed to make the UK a safe place to be online. … Continue Reading

A complete quilt: South Dakota and Alabama are final two states to enact data breach laws

In February, we reported that South Dakota and Alabama were the last two U.S. states without data breach notification laws. Since then, both states have enacted data breach laws. South Dakota governor Dennis Daugaard signed South Dakota Bill No. 62 into law on March 21, making it the 49th state to pass a data breach … Continue Reading

An interview with Indiana AG Curtis Hill

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with Indiana Attorney General Curtis Hill. AG Hill has prioritized rolling back federal overreach and safeguarding consumers from fraud and scams, along with continuing to take a hard line … Continue Reading

European Commission outlines blockchain development plans, calls for a feasibility study and unveils FinTech Action Plan.

The EU Commission continues to show its support and investment in new technologies in the digital economy. On February 1, 2018, the Commission and the European Parliament launched the EU Blockchain Observatory and Forum, and earlier this month, the Commission also unveiled its FinTech Action Plan. The Blockchain Observatory The observatory is designed to be … Continue Reading

State attorneys general advocate continuing state leadership in privacy enforcement, denounce federal preemption of state breach and security laws

Illinois Attorney General Lisa Madigan is leading a coalition of 32 attorneys general (Agreements) in opposition to federal preemption in the area of data breaches, identity theft, and data security. Specifically, the group wrote a bipartisan letter on March 19, 2018, to the U.S. House of Representatives Committee on Financial Services and the Subcommittee on … Continue Reading

Will EU data protection authorities ‘consistency mechanism’ be ready in time for the GDPR?

During an Article 29 Working Party (WP29) press conference on 7 February 2018, the outgoing chair and French privacy chief, Isabelle Falque-Pierrotin, expressed concerns that EU data protection authorities (DPAs) may not be able to enforce the General Data Protection Regulation (GDPR) effectively and in a unified manner in accordance with the consistency mechanism, by … Continue Reading

Ninth Circuit calls common carrier exception “activity-based”

On February 26, 2018, an en banc federal appeals court held that the common carrier exception in the Federal Trade Commission (FTC) Act that preempts FTC jurisdiction is “activity-based” rather than “status-based” and therefore applies only to the extent an entity engages in common-carrier services. See FTC v. AT&T Mobility LLC, No. 15-16585, D.C. No. … Continue Reading

Are OTT services telecommunications services? German court asks European Court of Justice for preliminary ruling | Gmail Case

According to a press release dated 26 February 2018, the Administrative Court of Appeal Munster (Oberverwaltungsgericht Münster) asked the European Court of Justice (ECJ) for a preliminary ruling on the question whether Over-the-Top (OTT) services shall be caught by the European regulatory framework on telecommunications services. Background By way of administrative orders, the German Federal Network … Continue Reading

Utah AG and FTC Associate Director discuss emerging regulatory and enforcement trends at Reed Smith

The International Association of Privacy Professionals and Reed Smith’s Washington, D.C. office co-hosted the Association’s KnowledgeNet Chapter meeting, “Key Federal and State Regulatory and Enforcement Trends in Privacy to Watch in 2018 – Direct from the Regulators” on February 27, 2018. Reed Smith partner Divonne Smoyer moderated a panel discussion featuring Utah Attorney General Sean … Continue Reading

Guiding light: SEC adopts updated cybersecurity guidance

Last week, the Securities and Exchange Commission (SEC) unanimously adopted new cybersecurity guidance aimed at assisting public companies in their preparation of cybersecurity risk and incident disclosures. In its new Statement and Interpretive Guidance on Public Company Cybersecurity Disclosures, the SEC is aiming to apply lessons learned from the many major data security incidents that … Continue Reading

Article 29 Working Party issues revised guidance on personal data breach notification

With less than three months until the General Data Protection Regulation 2016/279 (GDPR) comes into effect on 25 May 2018, the Article 29 Working Party (WP29) published revised guidelines on personal data breach notification (Guidelines). You may well remember our recent blog covering the Guidelines when the WP29 issued its initial guidance on 3 October … Continue Reading

Full quilt: The final two states without data breach laws push forward to complete the patchwork protecting personal information in the U.S.

There are currently only two U.S. states that do not have a state data breach notification law: South Dakota and Alabama. Recently, South Dakota took a big step toward approving a data breach notification law. On January 25, 2018, the state’s Senate Attorney Judiciary Committee advanced the bill after a 7–0 vote, sending it to … Continue Reading

Massachusetts Attorney General announces new data breach reporting tool and database

Massachusetts Attorney General (AG) Maura Healey has announced that the state will offer an online portal where businesses can more easily report that they have experienced a data breach. Massachusetts will also offer consumers an electronic database to view reported breaches, similar to the online repositories operated by California, Maryland and other states. Affected companies … Continue Reading

“An interview with Utah AG Sean Reyes”

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with Utah Attorney General Sean Reyes. AG Reyes is well known as a bipartisan thought leader among AGs on the issues of privacy and cybersecurity. In the interview, he … Continue Reading

Warning light: The FTC is monitoring the connected car marketplace

In a recently published “Staff Perspective,” the Federal Trade Commission (FTC) appears to be staying true to the regulatory humility approach Acting Chairman Maureen K. Ohlhausen underscored in her opening remarks to the connected cars and autonomous vehicles workshop the FTC co-hosted with the National Highway Traffic Safety Administration (NHTSA) last summer. The Consumer Protection … Continue Reading

Bitcoin’s Blocksize Debate Continues

As Bitcoin’s (BTC) popularity continues to grow, its network built on 1MB blocks struggles to keep up with the growing number of transactions. Two groups within the Bitcoin community, the “Big Blockers” and “Decentralists,” disagree on how to address the blocksize issue. Big Blockers are focused on realizing Bitcoin’s potential to serve as a cash … Continue Reading

German Federal Financial Supervisory Authority (BaFin) publishes circular on regulatory requirements for financial institutions’ IT systems

On 3 November 2017, the German regulator for the financial sector, the Federal Financial Supervisory Authority (“BaFin”), published a new circular titled Rundschreiben 10/2017 (BA) vom 3. November 2017 – Bankaufsichtliche Anforderungen an die IT (in English: Circular 10/2017 – Regulatory Requirements for IT-Systems – “BAIT”). The BAIT is available in German language at the BaFin’s website. The … Continue Reading

“An Interview with Wisconsin AG Brad Schimel”

Check out this month’s edition of The Privacy Advisor, a publication of the International Association of Privacy Professionals (IAPP), for Divonne Smoyer and Kimberly Chow’s Q&A with Wisconsin Attorney General Brad Schimel. AG Schimel has prioritized cybercrime enforcement and prevention for the state. In the interview, he discusses his data privacy and security agenda as … Continue Reading

The CFPB Releases Data Sharing Principles, Setting Off A New Round of Controversy

On October 18, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) entered into the long simmering debate over consumer-authorized data sharing.  This debate pits mainstream financial institutions, which are typically reticent to share customer data with third parties, against data aggregators and other fintechs.  Those newer companies provide services directly to consumers—or to enhance the … Continue Reading

European Commission calls for enhanced responsibility of online platforms for illegal content

Addressing the detection of and removal of illegal content from online platforms represents an urgent challenge for the digital society today. However, so far, there is no harmonised and coherent approach across the European Union. On 28 September 2017, the European Commission (“Commission”) published a communication titled „Tackling Illegal Content Online – Towards an enhanced … Continue Reading
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