ECJ holds dynamic IP addresses are personal data if additional information allowing user identification can reasonably be obtained from third parties

On October 19, 2016, the European Court of Justice (“ECJ”) presented its conclusions in Patrick Breyer v. Bundesrepublik Deutschland (case C‑582/14). According to the ECJ The dynamic internet protocol address of a visitor constitutes personal data, with respect to the

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Understanding colored padlocks in websites

You might have noticed that browsers have recently started to place symbols (colored padlocks) to grade the level of safety of the websites. Look at the web address: on the left, you will find symbols indicating the safety status. There

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EU Commission’s ePrivacy Regulation Proposal to align electronic communications privacy to GDPR

On January 10, 2017, the European Commission issued a draft for a new ePrivacy Regulation (“Proposal”) that would replace Directive 2002/58/EC (‘the ePrivacy Directive’), implementing a higher level of privacy for all electronic communications. Scope of application: The Proposal applies to all electronic

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FCC adopts Broadband Consumer Privacy Rules

On December 2, 2016, the Federal Communications Commission (FCC) published the Broadband Privacy Report and Order which requires broadband Internet Service Providers (ISPs) to protect users’ privacy. The rules implement the privacy requirements of Section 222 of the Communications Act for

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D.C. Bar issues comprehensive guidelines on lawyers’ use of social media (Opinion 370 and 371)

In November 2016, the DC Bar Legal Ethics Committee issued Ethics Opinion 370 (Social Media I) and 371 (Social Media II), which address the use of social media by lawyers for marketing and personal use and for providing legal services.

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Privacy issues in biometrics

Commercial use of biometric data increased dramatically in recent years: some software are now able to recognize physical characteristics, such as fingerprints, retinas, hand and facial geometry, as well as voices. This technology makes people’s life easier as their hand or voice

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A recent Italian decision clarifies when a database is protected under the Intellectual Property Code and under the Trademark and Patent Code

The Italian Intellectual Property Code (Law 633/1941) protects the rights of someone who makes a material investment to gather and organize the content of a database. Article 102bis and ter: Rights of a database developer – user’s rights and obligations. An Italian Court recently held that

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Antitrust investigation for Google (in Europe and not only)

On July 14, 2016, the EU Commission sent two Statements of Objections to Google and Alphabet (Google’s parent company). With the first Statement, the EU Commission reaffirmed its preliminary conclusion that “Google has abused its dominant position by systematically favouring

Privacy Shield officially adopted by the EU Commission … but American organizations “targeting Europe” might want to consider whether GDPR compliance would make more sense

On July 12, 2016, the European Commission officially approved the Privacy Shield, issuing the decision of adequacy (“Decision”). The Privacy Shield is supposed to provide a safe mechanism to transfer personal data from the EU to the US for those

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In Brady’s “deflategate” case, destruction of evidence (cell phone) rightly supported adverse inference by NFL Commissioner acting as arbitrator, the Second Circuit found

In New England Patriots quarterback Tom Brady’s sanction case (“deflategate”), the Second Circuit upheld the decision of the Commissioner imposing sanctions on Brady for his involvement in a scheme to deflate footballs in the 2015 AFC. A significant issue in

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Privacy Shield not robust enough to withstand ECJ’s future legal scrutiny, European Data Protection Supervisor opines

On May 30, 2016, the European Data Protection Supervisor (EDPS) – whose mission is to advise the EU institutions on the data protection implications of their policies — published Opinion 4/2016 on the EU-U.S. Privacy Shield draft adequacy decision. According to the press

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