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By James H. Koenig and Mary-Elizabeth M. Hadley on Aug 26, 2016
With the European Commission’s (“EC”) approval of the U.S.-EU Privacy Shield Framework (“Privacy Shield) on July 12, 2016, many companies are rushing to self-certify to the new compliance mechanism for personal data transfers from Europe to the United States. By certifying in the first two months – by September 30, 2016 – organizations can take advantage of a nine-month grace period from the date they certify to bring their existing commercial relationships and agreements with third parties into conformity with the Accountability for Onward Transfer Principle.

See the full post at PH Privacy​

Privacy Shield Set For Formal Adoption Next Week: Beyond That, The Future Is Cloudy

By Katie Sheridan on Jul 08, 2016
A key European Union committee with responsibility for privacy determinations today approved the new EU-US Privacy Shield.  With that approval, formal adoption by the European Commission is expected next week.

Read the entire blog post on PH Privacy.

Public Interest Group Asks FCC to Pause Connected Car Spectrum Usage over Privacy and Cybersecurity Concerns

By By Sherrese Smith and Michael London on Jun 30, 2016
On June 28, 2016, Public Knowledge petitioned the FCC for an emergency stay of the usage of spectrum by devices that enable vehicle-to-vehicle and vehicle-to-infrastructure communications until the FCC adopts adequate cyber security and data privacy rules for such devices. The impending implementation of vehicle-to-vehicle devices prompted Public Knowledge to file its petition

Read the full post in our companion blog, PH Privacy


By Behnam Dayanim and Edward George* on Jun 08, 2016
The Safe Harbor provision has finally set sail. On Monday, the Hamburg Data Protection Authority (“Hamburg DPA”) announced that it has fined three companies an aggregate total of €28,000 ($31,928) for continuing to operate under the U.S.-E.U. Safe Harbor Framework. This is the first enforcement action by any European country since the European Court of Justice (“CJEU”) invalidated the Safe Harbor last October.

FTC’s First Foray into APEC Cross-Border Privacy Rules: Settlement Reached

By Mary-Elizabeth M. Hadley on May 05, 2016
Yesterday, the Federal Trade Commission (“FTC” or the “Commission”) accepted, subject to final approval, a consent agreement to settle charges that a hand-held vaporizer manufacturer misrepresented its participation in the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules (“CBPR”) system. Read the full post in our companion blog, PH Privacy

The Ninth Circuit Relies On Reasonable Consumers' Experiences to Dismiss a Cosmetics False Advertising Case

By Dennis S. Ellis, Katherine F. Murray & Margaret N. Buckles on Mar 30, 2016
The Ninth Circuit's decision in Ebner vs. Fresh, Inc. relied on the experiences of the "reasonable consumer" to dismiss a consumer false advertising class action for failure to state a claim.

CFPB’s First Foray Into Data Security Makes $100,000 Splash

By Thomas Brown and Molly Swartz on Mar 04, 2016
On March 2, the Consumer Financial Protection Bureau (the “Bureau”) announced enforcement action against online payment processor, Dwolla Inc. (“Dwolla”). This is the Bureau’s first enforcement action related to data security pursuant to its authority to prohibit unfair, deceptive, and abusive acts and practices (“UDAAP”).

Undressing the Judicial Redress Act

By Noah Simmons on Feb 11, 2016
Congress has taken a critical step in implementing its obligations under the recently announced EU-U.S. Privacy Shield through Wednesday night’s passage of the Judicial Redress Act in the House of Representatives.

The Future of Consumer Data Security, Privacy and the Internet of Things: Guidance from FTC Commissioner Terrell McSweeny

By Mary-Elizabeth M. Hadley on Feb 09, 2016
In an event yesterday at the U.S. Chamber of Commerce, Federal Trade Commission (“FTC”) Commissioner Terrell McSweeny offered businesses the following guidance on current privacy, data security and the Internet of Things (“IoT”) issues. 

Too Late, But Will It Prove Too Little? U.S. and EU Eke Out Last-Minute Data Deal

By Kathleen Sheridan on Feb 03, 2016
Two days after the expiration of the deadline to reach an agreement on data transfers between the EU and U.S., authorities on both sides of the Atlantic have announced a new framework to handle such transfers.

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