Article 20 of the new Loi de Programmation Militaire has been described as the “French Patriot Act.” It gives the French administration new surveillance powers, allowing it to request content, data and metadata, including geo-location data. This article provides an overview of the key provisions of this new law.
This checklist highlights some steps we have been helping companies take so that they can be better prepared in the event that a significant incident occurs.
Big Data refers to the collection, organization and analysis of expansive data pools. Conclusions drawn from Big Data are not infallible. The author explains how human bias can influence the interpretation of data sets.
An overview of laws and regulations related to antitrust, extradition, exchange controls, data protection, and financial regulation in Portugal.
With the long-anticipated coming-into-force date for CASL now known and only six months away, it is imperative that organizations that send commercial electronic messages consider their compliance options now.
Companies known as “non-practicing entities” (NPEs), patent assertion entities (PAEs) or, more colorfully, patent trolls do not produce patented products or services, but instead are created specifically to own patents and seek licensing fees. Lawsuits brought by NPEs are increasingly pervasive and costly. This article provides a roadmap that will allow corporate counsel to analyze and address the demands of a patent troll.
This Wisdom of the Crowd, compiled from responses posted on the Small Law Department and IT, Privacy & eCommerce eGroups, addresses the reasonableness of shared assessment questionnaires.
Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
EU data privacy laws make the collection of Electronically stored information (ESI) and its transfer out of Europe challenging. The session will begin with a brief update of U.S. case law focusing on cross-border discovery generally, and then turn to a discussion of Privacy by Design ("PbD"), which has become the gold standard for privacy protection in the 21st Century. This discussion will cover examples of how PbD has been operationalized and used to address the challenges presented by EU data privacy laws. The session will then cover Europe's acknowledgement of Canada's stringent privacy laws which make it a unique base for e-discovery collection, analysis and review. By collecting ESI from European employees into Canada, and then culling down/reviewing ESI in Canada to identify responsive email and documents, organization can minimize the amount of ESI for which they must obtain consent from employees for transfer to the U.S.
Questions that will be considered during this program: What are the risks associated with apps? What does the technology permit? What data can you collect? What rules govern terms of use and privacy policy? What are the current trends? What do the Google and Apple developer agreements say, and how do they affect what you do? Are these agreements negotiable? Does Children's Online Privacy Protection Act (COPPA) apply? What if you allow in-app purchasing? Will you be doing any location tracking?