The key aspects of the GDPR, i.e.a step to implement the European Digital Single Market Strategy

To establish common rules on data protection and to help implement the Digital Single Market Strategy, the European Union set forth two instruments to reform the 1995 data protection rules (see here): the Gen eral Data Protection Regulation (“GDPR”) the Data Protection Directive to ensure cross-border cooperation and protect personal data in the police and […]


Bidding on the name of a competitor firm to obtain a sponsored link above the competitor in a Google search does not violate Wisconsin’s privacy law

Under Wisconsin law use of a person’s name for advertising purposes without the person’s consent violates the right of privacy.  In Rottier, v. Cannon, 828 N.W.2d 876 (WI Ct. App. 2013), rev. denied, 839 N.W.2d 616 (2013), the defendant law firm purchased the names of the plaintiffs from Google, Yahoo!, and Bing. Whenever a searcher entered the names […]

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Francesca Giannoni-Crystal, “Something’s got to give” – Cloud Computing, as applied to lawyers – Comparative approach US and EU and practical proposals to overcome differences – My presentation at the Scuola Superiore Sant’Anna (Pisa, Italy) Symposium “Getting around the cloud(s) – Technical and legal issues on Cloud services” (November 30, 2013)

Ms. Giannoni-Crystal provides thoughts on benefits and risks of cloud computing for an American based international law firm. She analyzes the approach of American jurisdictions on cloud computing. She also discusses the implications of privacy laws on a law firm’s adoption of cloud computing. Finally, Ms. Giannoni-Crystal provides some practical tips for an international law […]

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Nathan M. Crystal, New York City Bar approves Report providing guidance to lawyers in using cloud computing services.

“He has his head in the clouds,” – a familiar expression used to refer to someone who is theoretical, impractical, or dreamy.  However, for lawyers today being in the clouds is not only practical, it may be “inevitable.” Cloud computing seems to be everywhere lawyers turn, from email to legal research to data storage and […]

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Nicole Black, Will Encrypted Communications Using Cloud Computing Platforms Soon be Commonplace for Lawyers?,

From the Article: “Accordingly, because email is outmoded, inherently unsecure, and there are now more secure forms of electronic communication available, I predict that within two years or so, lawyers in most jurisdictions will choose to, or be required to, communicate and collaborate with clients using encrypted communications. And, the platform of choice will be encrypted […]

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Nicole L. Black, Lawyers Must Understand How Cloud Computing Vendors Provide Services

The article discusses the importance of a lawyer having detailed knowledge of cloud computing services available to and used by the lawyer, specific features and practices that a lawyer should understand, and the ethical implications.   From the Article: “Once you’ve determined how your cloud computing provider will deliver services to your firm, you must […]

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Nicole Black, Law Life: Cloud computing and the encryption red herring,

From the Article: “The bottom line is that lawyers can use cloud computing without encrypting the files before storing them in the cloud. That being said, the determination of whether to upload unencrypted client data into the cloud will vary from one law practice to another and is contingent upon the type of data that […]

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Marie-Andrée Weiss & Cédric Laurant, Are ‘Clouds’ Located Outside the European Union Unlawful?

“This is at least what Dr. Thilo Weichert argues.  He is the head of the Independent Center for Privacy Protection of the State of Schleswig-Holstein (Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein, or ‘ULD’), and one of Germany’s top privacy experts.  In a June 18, 2010 opinion, he wrote on the subject of cloud computing.”   The […]