Archives: Regulatory

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Legal framework for influencers in Germany, the United Kingdom and the United States

The COVID-19 pandemic has hit the brand ambassador and influencer industry in different ways. Social media engagement is up. Screen times have increased. Advertising campaigns of brand ambassadors for organizations and influencers might have been adjusted. Self-quarantining audiences have different demands. With the strong trust from their followers, influencers on social media channels such as … Continue Reading

Monetary Authority of Singapore publishes a “Consultation Paper on a Proposed New Omnibus Act for the Financial Sector”

The Monetary Authority of Singapore (MAS) published a “Consultation Paper on a Proposed New Omnibus Act for the Financial Sector” (the CP) on July 21, 2020. The CP sets out proposals relating to the expansion of supervisory powers by the MAS in a range of important areas, including (among others) additional powers to take enforcement … Continue Reading

Highest German Court invalidates Section 113 of the German Telecommunications Act and abandons service providers’ obligation to grant authorities access to subscriber data

On May 27, 2020, the German Federal Constitutional Court invalidated section 113 of the German Telecommunications Act (TKG) and several accompanying federal law provisions for non-compliance with the German Constitution (case nos. 1 BvR 1873/13 and 1 BvR 2618/13). On July 17, 2020, the Federal Constitutional Court published the fully reasoned judgment as well as a press release outlining the … Continue Reading

Get your Update on IT & Data Protection Law in our Newsletter (Summer 2020 Edition)

The Summer 2020 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released: English version German version In this edition we cover the following topics: Access rights vs. data backup Cookie update: Planet49 and cookie walls Double opt-in required under GDPR Update on influencer advertisement German Supreme Court: … Continue Reading

CCPA enforcement letters sent; Supervising Deputy Attorney General offers insight

Although the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020, the California Attorney General (AG) was not authorized to begin enforcement until July 1, 2020.  With the pandemic and the delay in finalizing the regulations, it was unclear how or when AG enforcement would begin.  Any such confusion can be dispelled, … Continue Reading

Changes coming to Singapore’s data protection law

It has been eight years since the enactment of Singapore’s comprehensive data protection law, the Personal Data Protection Act 2012 (PDPA). On May 14, 2020, a public consultation paper and accompanying Personal Data Protection (Amendment) Bill (Amendment Bill) were published, to solicit feedback on several proposed revisions to the PDPA. The proposed changes are significant. Key … Continue Reading

Legally blown: Reese Witherspoon and her fashion line face breach of contract and privacy class action over ‘free dress’ giveaway

Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers gone horribly wrong. In April, Draper James ran an Instagram promotion to recognize and thank teachers for their work during the COVID-19 … Continue Reading

Cybersecurity Maturity Model Certification: New requirements in the near future

Beginning in November 2020, the Department of Defense (DoD) has confirmed that new solicitations will include the new Cybersecurity Maturity Model Certification (CMMC). Despite the impact of COVID-19, this confirmation indicates that the DoD is intent upon ensuring the protection of certain critical information and shoring up protection of its critical networks and supply chain. … Continue Reading

Singapore launches national e-commerce standard

On 12 June 2020, Enterprise Singapore and the Singapore Standards Council launched Technical Reference 76: the first-ever guidelines to set out a national standard for e-commerce transactions. The standard is aimed at boosting the digitalisation of SMEs, as well as the burgeoning e-commerce sector in Singapore. Technical Reference 76 serves as a practical reference for … Continue Reading

Encryption of emails containing personal data – the German supervisory authorities issue guidance

On 26 May 2020, the German Data Protection Authorities (German DPAs) issued guidelines on measures to protect personal data transferred via email (Guidelines; available in Germen here). The Guidelines outline requirements for procedures to send and receive emails that must be met by data controllers, data processors and public email service providers (Email Service Providers) … Continue Reading

The power of AI: How it can combat new issues raised by the novel coronavirus (COVID-19)

Artificial intelligence, or AI, has the ability to process large sets of data. The term “AI” describes algorithms that can be taught to identify patterns or predict outcomes. If the algorithm is primed with a teaching set of data, then it can evaluate new sets of data based on the desired outcome. AI has been … Continue Reading

EDPB publishes opinions on draft decisions of Data Protection Authorities on the accreditation of certification bodies and code of conduct monitoring bodies

On 25 May 2020, the European Data Protection Board (EDPB) issued its opinions on draft decisions of certain national supervisory authorities on certification and code of conduct monitoring bodies’ accreditation requirements. This includes opinions on the draft decisions from supervisory authorities in: Finland, Germany, Ireland, and Italy, on the approval of the requirements for accreditation … Continue Reading

Important signals for national advertisers concerning FTC priorities and enforcement trends

In April, the Federal Trade Commission settled charges against Progressive Leasing, a company that markets virtual rent-to-own payment plans to retail stores nationwide. Unlike traditional rent-to-own companies, Progressive does not operate its own brick-and-mortar stores. Instead, Progressive markets its rent-to-own payment plans to consumers who shop at certain retail stores or websites, primarily those in … Continue Reading

Belgian DPA fines company €50,000 for appointing DPO with conflicting role

On 28 April 2020, the Belgian data protection authority (DPA) fined a company €50,000 for having appointed its head of compliance, risk and audit as its data protection officer (DPO). The DPA’s decision is only available in Dutch (here) and in French (here). What was the breach? The reason for the fine was not that the DPO had … Continue Reading

ICO finalises guidance on explaining decisions made with AI

Late last year, we reported that the Information Commissioner’s Office (ICO) had published draft guidance for assisting organisations with explaining decisions made about individuals using with AI. Organisations that process personal data using AI systems are required under the GDPR to provide an explanation of the logic involved, as well as the significance and the … Continue Reading

Singapore proposes significant changes to its data protection law

The Personal Data Protection (Amendment) Bill 2020 (the Bill) was published today for public consultation. Key amendments proposed in the Bill include: Increased financial penalties for breaches of the Personal Data Protection Act (the Act) of up to 10 per cent of annual gross turnover in Singapore or S$1 million, whichever is higher. Mandatory data … Continue Reading

Seventh Circuit’s ruling in beer king’s dispute trumpets a cautionary note for false advertising claims between competitors

The Seventh Circuit’s recent decision on May 1, 2020 in the hotly contested dispute between Molson Coors Beverage Company USA LLC (Molson Coors) (maker of Miller Lite and Coors Light beers) and Anheuser-Busch Companies LLC (Anheuser-Busch) (maker of Bud Light beers) sounds a cautionary note for future parties contemplating a false advertising claim – look … Continue Reading

EU Blockchain Observatory and Forum explores the convergence of blockchain, AI, and the IoT

The European Union Blockchain Observatory and Forum, on 21 April, published a report examining how blockchain can be combined with two other important emerging technologies – the Internet of Things (IoT) and artificial intelligence (AI) – to complement each other and build new kinds of platforms, products, and services. The report first looks at the … Continue Reading

EDPB’s new guidelines relieve concerns over processing health data for scientific research

The novel coronavirus pandemic has created an immediate and immense need for scientific research. Amid this urgency, the European Data Protection Board (EDPB), during its twenty-third plenary session held on April 21, adopted guidelines to shed light on legal questions concerning the use of health data (pursuant to article 4(15) of the General Data Protection … Continue Reading

Remember to consent in the time of COVID-19

In a world where we have been ordered to stay home and shelter in place to combat the spread of COVID-10 our children are now learning remotely. While it is fortunate that technology allows students to continue the school year at home, remote learning presents an obstacle where children’s privacy is concerned. In the United … Continue Reading

Amendments to D.C.’s data breach law create new data security and breach notification obligations for businesses

On March 26, 2020, amendments to Washington, D.C.’s data breach notification law were enacted in bill number B23-0215.  Put briefly, the amendments impose various prevention, response, and mitigation obligations on businesses regarding data breaches that affect D.C. residents.  Below is a summary of the key changes of which businesses should be aware.… Continue Reading

California relaxes key telehealth regulatory requirements during COVID-19 emergency

On March 17, 2020, the federal government relaxed a number of telehealth-related regulatory requirements due to COVID-19. On April 3, 2020, California Governor Gavin Newsom issued Executive Order N-43-20 (the Order), which relaxes various telehealth reporting requirements, penalties, and enforcements otherwise imposed under state laws, including those associated with unauthorized access and disclosure of personal … Continue Reading

German government introduces new bill to amend Germany’s Hate Speech Act, establishing new requirements for social networks and video-sharing platforms

On April 1, 2020, Germany’s federal government published a new draft bill to amend the German Hate Speech Act (Netzwerkdurchsetzungsgesetz – “NetzDG”; see also our earlier blog of October 2, 2017). The draft bill (“Bill”) is available in German here. The Bill will introduce a number of improvements for users of social networks. It will … Continue Reading

FCC issues guidance on the TCPA’s “emergency purposes exception” based on the COVID-19 pandemic

The Telephone Consumer Protection Act (the TCPA) restricts telemarketing and the use of automated telephone equipment for phone calls, faxes, and text messages. The TCPA provides a private right of action and significant statutory penalties, and therefore is an area of significant risk for any company that communicates with its customers, particularly by phone or … Continue Reading
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