Archives: Regulatory

Subscribe to Regulatory RSS Feed

A legal outlook on the three most common barriers to upgrading archiving technology

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 growth of Adtech and how it falls into privacy laws’ crosshairs

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

California legislature proposes ‘urgency statute’ to revise CCPA’s health care and research exemptions

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

Wisconsin representative proposes “groundbreaking” data privacy law modeled after GDPR, including statutory penalties up to $20 million or 4 percent of total annual revenue

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

First decision on qualification of Bitcoins made by German tax court

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

New key features of FTC data security orders highlighted by Consumer Protection Bureau Director

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

Circuit split on automatic telephone dialing systems under the TCPA reinforces importance of obtaining prior express written consent

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

#Ad #Germany – Update for influencers

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

It’s time to reassess cookie compliance in France

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

California Attorney General issues revised draft regulations with key changes for regulated businesses

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

2020 could be a monumental year for adtech

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

What’s next with Brexit, data protection and data transfers?

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

Novel coronavirus outbreak throws up data privacy questions for businesses in China, Hong Kong and Singapore

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

Maryland Attorney General Brian Frosh talks to Reed Smith about privacy and consumer protection

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

Bipartisan proposals, FTC review signal likely changes to COPPA

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

Proposed CCPA amendment would provide significant clarity to health care and life sciences companies

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

Evaluation of the GDPR – The German supervisory authorities weigh in

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

An FAQ guide to data breach notifications in Singapore

Singapore’s Personal Data Protection Commission (PDPC) has announced that data breach notification will soon become mandatory in Singapore. However, not all breaches need to be reported. We have prepared this guide to aid businesses in understanding when, to whom and how to notify should they encounter a data breach. As further guidance and details on … Continue Reading

ENISA releases report detailing security guidelines for Internet of Things

On 19 November 2019, the European Union Agency for Network and Information Security (ENISA) released its report ‘Good practices for security of Internet of Things (IoT)’ (Report), providing a comprehensive analysis of security concerns surrounding IoT, secure Software Development Life Cycle (sSDLC) principles, and setting out best practices. Below, we highlight some of the key … Continue Reading

Get your Update on IT & Data Protection Law in our Newsletter (Winter 2019 Edition)

The Winter 2019 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: ECJ decision on the use of cookies (“Planet49”) does not provide clarity ECJ: Global take-down duties of hosting providers ECJ on the territorial … Continue Reading

How to respond to data breaches and cyber attacks

As part of Reed Smith’s webinar series on crisis management, on Wednesday 6 November 2019, partners Tom Webley, Philip Thomas and John M. McIntyre delivered a webinar to clients on data breaches, cyber attacks, and potential responses to such incidents. Our recent client alert focuses on the key themes arising out of the webinar and … Continue Reading

ICO consultation on draft guidance on the right of access

On 4 December 2019, the Information Commissioner’s Office (ICO) published draft guidance on data subject access requests (DSARs) (Guidance). This updated Guidance comes just 18 months after the current version was first published in April 2018. Previously, in June 2019, the ICO (here) criticised the Metropolitan Police for its handling of DSARs. The ICO also … Continue Reading

The USTR responds to French Digital Services Tax with large tariff proposal

In response to France’s Digital Services Tax (DST), the Office of the U.S. Trade Representative (USTR) proposed additional ad valorem duties of up to 100 percent on certain products from France. The USTR issued a Section 301 Investigation Report on the DST, concluding that the DST discriminates against U.S. companies, is inconsistent with prevailing principles … Continue Reading
LexBlog