Sunday, September 27, 2020

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Life After Schrems II: Practical Recommendations In An Uncertain Time

On 16 July, 2020, the Court of Justice of the EU (“CJEU”), issued its decision in the Schrems II case.  In short, the CJEU invalidated the EU-U.S. Privacy Shield and clarified that the use of standard contractual clauses (“SCCs”) requires data controllers to conduct a case-by-case assessment of the level of data protection that SCCs […]
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Ontario Government Seeks Input for Private Sector Privacy Legislation

Ontario’s Ministry of Government and Consumer Services is contemplating new private sector privacy legislation to govern how businesses collect, use, and disclose customers’ data. The ministry is seeking feedback through October 1 on key issues in this new privacy framework. Ontario has privacy legislation that applies to government institutions and specific health care providers, but […]
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What Is the EU Cybersecurity Act and What Does It Mean for US-Based Businesses?

In June, the European Cybersecurity Act entered into force. The law provides a permanent mandate for the European Network and Information Systems Agency, changing its name to the EU Agency for Cybersecurity, while giving it substantially more authority and resources. It is intended to advance trust through an EU-wide certification framework consisting of cybersecurity certification […]
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U.S. Further Tightens Huawei Blacklist, Putting a “Blanket Ban” on the Company

On August 17, the Commerce Department unexpectedly announced new restrictions on Huawei’s ability to buy semiconductor chips, regardless of whether they are tailored to Huawei’s specifications. The changes also extend the sales ban to transactions in which Huawei is not the immediate purchaser but is the end-user. Analysts see this as imposing a “blanket ban” […]
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France Won’t Ban Huawei But Favors European 5G Systems

French President Emmanuel Macron says France is not excluding Huawei from its upcoming 5G networks, but favors European companies such as Ericsson and Nokia for security reasons. France’s information security agency ANSSI said last month that Huawei will not be banned from France, but telecom operators will only be able to get licenses limited to […]
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U.S. Employers and the GDPR: Where Are We Now?

The application of the GDPR to U.S.-based employers of EU residents continues to evolve and increase in complexity. This is particularly important with regard to telework, COVID-19 contact tracing, and interaction with global HR data systems. Epstein Becker Green addresses some of the questions raised by these developments, including: When is a U.S. company an […]
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No Rest for the Weary: Cybersecurity and Privacy Enforcement Actions Heat Up

A recent wave of cybersecurity and privacy enforcement actions cautions businesses dealing in personal data to strengthen their security and compliance plans. The New York Department of Financial Services recently announced its first enforcement action under its cybersecurity regulation. The California Attorney General began enforcement-related inquiries under the newly enacted California Consumer Privacy Act just […]
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Marriott Faces Another Data Breach Lawsuit

Marriott faces a lawsuit in the United Kingdom over the Starwood guest reservation system breach, one of the worst in history. A data breach class action lawsuit was filed in the High Court of Justice for England and Wales on behalf of millions of Marriott guests. The suit seeks damages for Marriott losing control of […]
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European Commission Consults on Proposed Revisions to EU Cybersecurity Rules

The European Commission has launched a consultation on proposed revisions to the EU Directive on the security of network and information systems across the Union (commonly known as the NIS Directive), which is designed to protect the security of EU network and information systems. The NIS Directive sets out, among other things, the parameters of […]
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China Slams US ‘Abuse’ Over New Huawei Sanctions

Beijing spoke out against new US sanctions against telecom giant Huawei after the Commerce Department barred an additional 38 Huawei affiliates from buying American computer chips and other technology. The sanctions have “completely punctured the last pretence of market principles and fair competition that the US has always touted”, said foreign ministry spokesman Zhao Lijian. […]
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