Privacy Shield certification does not mean compliance needs to extend beyond European data

When a US organization decides to self-certify under the EU-U.S. Privacy Shield, compliance with Privacy Shield principles becomes compulsory. This may be a problem for many US organizations because certain processing activities that they perform – which are perfectly lawful under American law — are unlawful under a Privacy Shield’s perspective. Why? And what to do? Let’s step […]

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Privacy Shield certification does not mean compliance needs to extend beyond European data

When a US organization decides to self-certify under the EU-U.S. Privacy Shield, compliance with Privacy Shield principles becomes compulsory. This may be a problem for many US organizations because certain processing activities that they perform – which are perfectly lawful under American law — are unlawful under a Privacy Shield’s perspective. Why? And what to do? Let’s step […]

FCC’s Consumer Broadband Privacy Rules (effective Jan. 2017) have already been challenged

On November 2, 2016, the Federal Communications Commission (“FCC”) published a Report and Order entitled “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services” (“Order”) as a final rule in the Federal Register. The Order applies the privacy requirements of the Communications Act of 1934 as amended (“Act”) to broadband Internet access service (BIAS) […]

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Privacy issues in biometrics

Commercial use of biometric data has dramatically increased 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 may be enough to access their phone or bank account, and one single click […]

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 may be enough to access their phone or bank account, and one single click may […]

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The privacy problem of cookie-free tracking methods: device fingerprinting

Cookie regulation in Europe is quite strict. In a previous blog we discussed the cookie law of France, Germany, Italy and the UK, focusing on information to users, user consent and consequences of violations. However, cookies are not the only method to track users. There are cookie-free tracking methods that are similarly invasive, for example […]

New WhatsApp’s privacy policy (including sharing of information with Facebook) scrutinized by DPAs all over the world

On August 25, 2016, WhatsApp issued a statement informing its users that the application’s terms and privacy policy was updated, which was also a consequence of WhatsApp’s joining Facebook. Allegedly WhatsApp wanted to modify the privacy policy to allow users to “communicate with businesses”.  WhatsApp notified all users –with the latest supported versions of the […]

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Allyson Haynes Stuart, Making Sure BYOD Does Not Stand For “Breach Your Organization’s Data”, South Carolina Lawyer (March 2016)

From the article. “Reportedly, more than half of North American and European companies are developing a bring-your-own-device (BYOD) policy. But with the benefits of BYOD come many challenges. This Article explores the risks associated with BYOD, and offers practical solutions for employers seeking to maintain a secure corporate network”. The full text is available here […]

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Making Sure BYOD Does Not Stand For “Breach Your Organization’s Data”

Originally published on South Carolina Lawyer (March 2016)   It is the modern employer’s dilemma:  do you allow employees to bring their personal smartphones, laptops and tablets to work for business purposes?  Do you purchase work devices for them, duplicating what they have?  Or do you simply ban use of any personal device for work […]

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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