Archives: Social, Mobile, Analytics & Cloud (SMAC)

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Updated draft of ePrivacy Regulation – Finnish presidency of the Council of the EU aims for final text by the end of the year

The Finnish presidency of the Council of the EU (Finnish Presidency) released an updated draft of the Regulation on Privacy and Electronic Communications (ePrivacy Regulation) on October 30, 2019 (available here). The Working Party on Telecommunications and Information Society (WP TELE) will discuss the new draft at its meeting on November 7, 2019. Amendments put … Continue Reading

Bipartisan social media data portability bill introduced in U.S. Senate

Social media users may soon be able to easily transfer their personal information to competing platforms. On October 22, 2019, a bipartisan group of U.S. senators (Mark R. Warner (D-VA), Josh Hawley (R-MO), and Richard Blumenthal (D-CT)) introduced the Augmenting Compatibility and Competition by Enabling Service Switching Act (ACCESS Act), a bill aimed at encouraging … Continue Reading

Guidance given on Singapore cross-border data transfer obligation for intermediaries and cloud providers

In Singapore, private sector organisations must generally comply with the transfer limitation obligation in the Personal Data Protection Act (the Act). Any transfer of personal data outside Singapore must be in accordance with the Act’s requirements, to ensure that a comparable standard of protection is accorded to that data. However, where an organisation is a … Continue Reading

IAB issues CCPA compliance framework for public comment

Given the vast challenges California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), poses for digital marketing, the Interactive Advertising Bureau (IAB) released for public comment a draft of its proposed Compliance Framework for Publishers & Technology Companies (the Framework) on October 22. “Selling” and CCPA challenges for digital. Those who have been … Continue Reading

Compliant use of cookies in the EU is still a secret recipe: ECJ decides on Planet49, but does not provide clarity

In its judgment of 1 October 2019, the European Court of Justice (ECJ) decided on cookie consent requirements under the General Data Protection Regulation 2016/679/EU (GDPR) and the Cookie Directive 2002/58/EC (Cookie Directive) (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V. (the Judgment)). The ECJ set clear requirements on what cookie … Continue Reading

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

The Summer 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 and GDPR: Another decision hitting social media activities by companies EDPB does not opt for changes to EU standard contractual clauses EU … Continue Reading

Update on ePrivacy Regulation: “Current draft does not guarantee high level of protection and cannot be supported”, German government states

In its response dated 3 July 2019 (Response; file no. 19/11351, available in German here) to an inquiry by members of the German parliament (Inquiry), the German government took stand on the current draft Regulation on Privacy and Electronic Communications (ePrivacy Regulation), and particularly on “tracking”. The German government summarises its assessment of the ePrivacy … Continue Reading

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

The Spring 2019 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on cookies and tracking tools, Facebook fan pages, fines under GDPR, influencer marketing, email encryption, platform provider obligations, framing, the new German Trade Secrets Act, and more. The newsletter also includes multiple … Continue Reading

Protection of children’s online space: ICO issues code of practice on age-appropriate design

The UK Information Commissioner’s Office (ICO) issued a consultation on a draft code of practice for designing age-appropriate access for children accessing online products and services provided by information society services (ISS). The consultation closes on 31 May 2019. The draft code sets out principles for any online service accessed by children under the age … Continue Reading

Planet49: Advocate General’s opinion on cookies and consent bundling

On 21 March 2019, Advocate General Maciej Szpunar (“AG”) delivered an opinion on cookie consent, information obligations regarding cookies and consent bundling (Case C-673/17, Planet49 GmbH v. Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband e.V.). In the case at issue, users entering into a promotional lottery were confronted with two checkboxes: A checkbox obtaining … 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. We provide updates on Facebook Custom Audiences, social plug-ins, influencer advertising, withdrawal right information, the EU copyright law reform and more. The newsletter also includes multiple recommended reads on the GDPR. We hope you enjoy … Continue Reading

If you want to follow the trend, make sure you are CMA compliant

In today’s digital age, brands are increasingly utilising the platforms of celebrities, vloggers, bloggers and other social media personalities (Influencers) to reach their target audiences and boost sales. Social media platforms are now coming under scrutiny for their unregulated space. To assist influencers and brands to comply with the law, the Competition and Markets Authority … Continue Reading

President prioritizes research, development, and deployment of artificial intelligence technology

The President has made artificial intelligence technology a policy priority. On February 11, 2019, the President issued an Executive Order to direct most federal executive agencies to promote and protect American advancements in artificial intelligence while working with private industry. The order recognized that public trust in artificial intelligence is an important factor in the … Continue Reading

German supervisory authority audited 40 websites on the use of tracking tools – and none of them was compliant

The Bavarian Data Protection Authority (‘Bavarian DPA’) audited major Bavarian websites for their use of tracking tools on Safer Internet Day. It calls its findings “desolate”. None of the tracking tools were implemented in a compliant manner. Audit by the Bavarian DPA Tracking and the requirements for using cookies have been a highly debated topic … Continue Reading

Singapore announces series of initiatives to boost cybersecurity in the telecoms sector

Singapore has set up a new Telecom Cybersecurity Strategic Committee (TCSC) to develop a plan to tackle ‘next-generation cyber threats’ in the telecommunications sector. The committee is expected to publish a strategy report and outline a roadmap for telecommunications operators to develop cybersecurity capabilities later in 2019. The report and roadmap will include recommendations for … Continue Reading

Get caught in the crossfire! E-Discovery debates

Tuesday, December 4, is officially “E-Discovery Day” and Reed Smith is doing its part to participate. Join us as we host a free one–hour webinar: “Discovery crossfire: Debating the controversial issues in E-Discovery.” The program, scheduled for 12-1 p.m. ET, will feature debates on five controversial e-discovery issues: Obligations of employers to search employee personal … Continue Reading

Singapore data protection commission issues warning for “heat of the moment” disclosure of personal data

On November 28, 2018, Singapore’s Personal Data Protection Commission (commission) issued its grounds of decision against Big Bubble Centre (respondent), a sole-proprietorship in the scuba-diving business. The facts of the case were as follows: The complainant was an individual who had worked for the respondent and claimed that he was not paid wages for such … Continue Reading

German State Media Authorities issue new guidance paper on marking adverts on social media

Recently, the German media regulators, the State Media Authorities (Landesmedienanstalten), issued a joint guidance paper on marking adverts on social media, which is available in German language here (Leitfaden der Medienanstalten, Werbekennzeichnung bei Social Media-Angeboten; “Guidance Paper”). The Guidance Paper replaces the State Media Authorities’ earlier FAQs. It is intended to help organisations and individuals … Continue Reading

Update on Facebook fan pages: What should organisations do after the release of Facebook’s co-controller agreement?

After another statement by the German Data Protection Authorities (German DPAs) of 5 September 2018 (Statement, available in English here), stating that the operation of a fan page as offered by Facebook was illegal, Facebook reacted “overnight” and released a co-controller agreement, the “Page Insights Controller Addendum” (Insights Addendum, available here). In a press release … Continue Reading

Get your update on IT & Data Protection Law in our Newsletter (Fall 2018 edition)

The Fall 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, the right to be forgotten, cease and desists by competitors under GDPR, spamming and customer satisfaction surveys, the German Network Enforcement Act, and more. The newsletter also includes … Continue Reading

Monetary Authority of Singapore panel urges financial institutions to adopt cybersecurity measures

An international cybersecurity advisory panel formed by the Monetary Authority of Singapore (MAS) has recommended that all financial institutions in Singapore ensure that data stored on the public cloud is kept secure, and that they perform cybersecurity risk assessments on their third-party providers. These proposals were raised at the panel’s second annual meeting, after its … Continue Reading

Security challenges arising out of the convergence of Internet of Things and Cloud computing

The European Union Agency for Network and Information Security (ENISA) has published a paper on the security challenges that arise from the convergence of Internet of Things (IoT) and Cloud computing. The paper is directed at IoT developers, IoT integrators and Cloud service providers, and concludes with a number of suggested steps to achieve secure … Continue Reading

Get your Update on IT & Data Protection Law in our Newsletter (Summer 2018 Edition)

The Summer 2018 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, cookie consent, influencer marketing, liability of platform providers, framing and more. The newsletter also includes multiple recommended reads on the GDPR. We hope you enjoy reading it.… Continue Reading
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