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June 4th, 2015
New EU Data Protection Law May Be Ready This Year
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC. That Directive - part of the EU Privacy and Human Rights Law - was created to regulate the processing of personal data within the European Union. While still a work in progress, the new General Data Protection Regulation is now expected to be adopted at the end of 2015 or early 2016.
The new data protection law will apply to all 27 European member states and will significantly change the landscape of EU privacy and data protection in several key areas, including:
- greater control over personal information for individuals, including the right to "data portability," and the "right to be forgotten";
- stricter requirements for obtaining consent to collect and store personal data;
- new restrictions on tracking and targeted advertising;
- new rules for police and criminal justice authorities that exchange data across EU state borders;
- stricter data breach reporting obligations (for example, that breaches must be reported to regulators within 24 hours); and
- substantial new penalties for data privacy violations (the greater of €100 million, or 2 - 5% of a company's annual worldwide revenue).
For more information about the new data protection law, or other matters privacy and data security issues, please contact S. Gregory Boyd CIPP/US at (212) 826-5581 or firstname.lastname@example.org, Jeremy Goldman CIPP/US at (212) 705 4843 or email@example.com, Jessica Smith at (212) 705-4876 or firstname.lastname@example.org, or any other member of Frankfurt Kurnit's Privacy & Data Security Group.
Other Privacy & Data Security Law Alerts
Start Your Engines: We Have to Deal With GDPR, What Now?
Back in January, we posted about the circumstances in which your company, even if based in the US, must comply with the EU General Data Protection Regulation (GDPR), taking effect in May 2018. Here we will provide a high level checklist to help you start down the path of GDPR readiness.
April 13 2017
No Harm, No Foul: Court Dismisses Biometric Data Privacy Class Action Against NBA 2K Games
Biometric data — from, e.g., retina, face and fingerprint scans — plays a big role in the current wave of new technology services. For example, biometrics provide security features for financial and healthcare products. But companies using or thinking of using biometric data have to comply with myriad privacy and data security laws and regulations, or face potential enforcement action and litigation.
February 16 2017
FTC Hits Targeting Platform Turn Inc. for Deceptive Online Tracking
On Tuesday, December 20, the FTC announced a settlement with digital marketing platform Turn Inc. over claims that the company deceptively tracked users across the Internet for advertising purposes.
December 22 2016