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
European countries have pursued the project of creating a Unitary Patent and a Unified Patent Court (UPC), since the early seventies. Success seemed within reach in 2013 when the international Agreement on a Unified Patent Court (UPCA) was concluded and subsequently ratified by several states. However, in 2017 the project came to a grinding halt … Continue Reading
The U.S. Department of Health and Human Services (HHS) released companion interoperability and information blocking final rules that will significantly impact the way in which certain health care providers, health information technology (IT) developers, and health plans share patient information. For a discussion on major provisions of these rules, please read our post on our … Continue Reading
Since coming into effect in 2014, Singapore’s personal data protection law has been active enforcing the law since its passing. The law applies to all organizations operating in Singapore, regardless of their size and the nature of their business. Companies that employ personnel in Singapore must take note of how Singapore data protection law applies … Continue Reading
On March 10, 2020, Vermont Attorney General T.J. Donovan initiated an enforcement action based on Vermont’s new data broker law against Clearview AI, Inc. Vermont’s data broker law, which became effective January 1, 2019, governs data brokers, which it defines as companies that collect and sell or license to third parties the personal information of … Continue Reading
Last week, on March 11, the California Department of Justice, Office of the Attorney General (AG) released its second set of revisions to its draft regulations under the California Consumer Privacy Act (CCPA). This second set of proposed revisions is based in part on comments received in response to an initial set of proposed revisions … Continue Reading
On March 2, 2020, Reed Smith and the International Association of Privacy Professionals (IAPP) presented a panel discussion on 2020 privacy laws and trends featuring Attorney General Christopher Carr of Georgia; Linda Holleran Kopp of the Bureau of Consumer Protection, Division of Privacy and Identity Protection of the Federal Trade Commission (FTC); and Oriana Senatore, … Continue Reading
Modern businesses have a more global reach than ever before. Technology has fundamentally changed the way employees work, communicate and collaborate. While global connectivity offers businesses opportunities, it also creates substantial challenges when it comes to archiving communications. Earlier this month, we co-hosted a thought leadership event in New York City with Smarsh, a multinational … Continue Reading
The onslaught of privacy regulations has impacted every industry and, while it seems that no industry can be flat footed – from auto manufacturers to ecommerce platforms – one in particular has had to remain especially nimble: the advertising technology (Adtech) industry. The Adtech industry has struggled with privacy regulations, including the CCPA, but it … Continue Reading
As currently drafted, the California Consumer Privacy Act (“CCPA”) leaves many questions unresolved regarding how the law applies to data collected and used in the health care and life sciences industries, particularly in the research context. Clinical research sponsors and other industry participants have raised concerns about how the CCPA may impede care delivery and … Continue Reading
A trio of consumer data privacy bills modeled after Europe’s General Data Protection Regulation (GDPR) has been introduced in the Wisconsin State Assembly. The three bills, collectively dubbed the Wisconsin Data Privacy Act (WDPA), were sponsored by Republican State Representative Shannon Zimmerman, who is seeking to make Wisconsin “the most consumer-friendly state in our nation … Continue Reading
On July 20, 2019 the German tax court for the federal states of Berlin and Brandenburg published the first decision of a German tax court on the qualification of “bitcoins” in a provisional legal protection procedure. The court confirmed that a bitcoin qualifies as an “asset” for German taxation and (tax) accounting purposes. At the … Continue Reading
On January 6, 2020, the Director of the Federal Trade Commission’s (FTC’s) Bureau of Consumer Protection, Andrew Smith, published a blog post highlighting recent changes to the Commission’s enforcement orders relating to data security. Industry leaders, law practitioners, Congress, and even the courts have been critical of aspects of the Commission’s data security orders. In … Continue Reading
A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant did not qualify as an automatic telephone dialing system (ATDS) as defined by the statute. The district court noted a split between the circuit courts … Continue Reading
On February 13, 2020, the German Federal Ministry of Justice and Consumer Protection (BMJV) published a proposal to soften the regulatory requirements for influencers for labeling their posts as advertising (Proposal). Under the Proposal, statements posted on social media about products for which no consideration was given – either in the form of monetary compensation or other … Continue Reading
Companies have been challenged with respect to their cookie policies and their implementation due to the entry into force of the GDPR earlier than the proposed ePrivacy Regulation Given the delay in the adoption of an EU-wide regulation on e-privacy, national data protection authorities have taken the initiative in publishing guidelines on cookies requirements. The … Continue Reading
The public spoke and the California Attorney General (AG) listened. Nearly four months after releasing initial proposed CCPA regulations, the California AG has issued a revised draft addressing many of the comments and concerns of both industry and privacy attorneys. Although the structure and fundamental principles have not changed, the revisions will impact most CCPA … Continue Reading
With the California Consumer Privacy Act (CCPA) coming into effect on January 1 and the announcement on 14 January from Google that it will be phasing out third party cookies within the next two years, it seems that 2020 will be a significant year for the adtech industry as industry players react with solutions and … Continue Reading
Following the UK Conservatives Party’s landslide victory in December 2019, there were immediate implications for the UK’s Withdrawal from the European Union, which resulted in the UK withdrawing from the EU on 31 January 2020. With the European Parliament’s approval of the Withdrawal Agreement, the UK is now in a transition period until 31 December … Continue Reading
The World Health Organization (WHO) declared on January 30, 2020, that the outbreak of 2019 nCoV (novel coronavirus) is a “Public Health Emergency of International Concern.” Further information is available in the WHO statement. On January 31, 2020, the Centers for Disease Control and Prevention (CDC) in the United States also declared a public health … Continue Reading
Reed Smith IP, Tech & Data attorneys Divonne Smoyer and Alexis Cocco conducted an in-depth Q&A with Maryland Attorney General Brian Frosh. During the interview, he discusses his priorities for data privacy and security for Maryland, including his hopes for future legislation in both Maryland and federally. AG Frosh is currently in his second term … Continue Reading
With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop, foreshadows expanded COPPA protections, especially for teenagers between 13 and 15 years of age. In … Continue Reading
Despite intensive lobbying from industry groups, multiple amendments before its effective date, and extensive proposed regulations from the California attorney general, the California Consumer Privacy Act (CCPA) went into effect earlier this month with still many questions left unanswered: What compromises will be made regarding employee and business-to-business data? Will there be further insight into … Continue Reading
The German Data Protection Authorities (German DPAs) released a “Report on the Experience Gained in the Implementation of the GDPR”, which was adopted at their conference on November 6, 2019 (Report; available in German here and English here). In this blog, we summarize the key issues that the German DPAs have raised in the Report. … Continue Reading
