French DPA (CNIL) launches consultation to help prepare for the GDPR

On June 16, 2016, the French data protection agency (CNIL) opened a consultation on the EU Data Protection Regulation (GDPR). The consultation aims at helping the Article 29 Working Party with the guidelines that it is preparing on Data Protection Officers, data portability, Privacy Impact Assessment, and certification. The purpose is to collect concrete questions, […]

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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 release the Privacy Shield as it stands is not robust enough to withstand future […]

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Facebook’s transfer of data to the U.S. may end up in front of the ECJ again

On May 25, 2016, Schrem’s website “Europe v Facebook” (website collecting information regarding class actions against Facebook) released a press update according to which the Irish Data Protection Commissioner may refer another issue to the Court of Justice of the European Union (ECJ) i.e., according to the website, whether “Facebook can continue to transfer data from the […]

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Minimizing board members’ responsibility for data breach

Among the consequences of a data breach for an organization is the risk of personal liability for board members. Besides the prevention measures that can/must be taken to avoid hacking, directors and management should invest in training, procedures, detection, and response. Going in the specific, the following can help directors in case their company suffers […]

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Giulio Coraggio, Who is liable for blockchain?

The author discusses “one of the main issues affecting public blockchain [which] is the inability of controlling and stopping its functioning”. Does this “mean that none is liable for illegal activities performed through a DAO? Or on the contrary, the mere participation to the DAO creates a dristributed liability of all its participants as a […]

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French and German antitrust authorities issue joint paper on effect of “data” (and “big data”) on competition

On May 10, 2016, the French and the German competition law authorities issued a joint paper on competition law and data. The two authorities discussed how the collection, processing, and commercial use of data became a factor in establishing market power. “This paper aims to feed this debate by identifying some of the key issues […]

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Commission on Enhancing National Cybersecurity’s open meeting in NYC

On May 16, 2016, the Commission on Enhancing National Cybersecurity (“Cybersecurity Commission’) held an open meeting. The primary purpose of the meeting was to discuss the challenges and opportunities facing the finance and insurance sectors as the Commission develops detailed recommendations to strengthen cybersecurity in both the public and private sectors while protecting privacy, ensuring public safety […]

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EU Commission opens public consultation on ePrivacy Directive

On April 11, 2016, the European Commission opened a public consultation on the current text of the ePrivacy Directive (EU Directive 2002/58/EC on privacy and electronic communications). According to the EU Commission, following the adoption of the General Data Protection Regulation (GDPR, see here), the ePrivacy rules will also need to be reviewed. The Commission […]

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MedStar Health Cyberattack: Treatment and Patient Safety Impact

by Kenneth N. Rashbaum A ransomware attack forced the shutdown of MedStar Health computers and email systems on March 29, The Washington Post reported. Nurses contended that the shutdown affected treatment and created patient safety issues. The records and email systems were shut down after employees reported seeing pop-up messages on their screens demanding payment in bitcoin […]

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