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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 gboyd@fkks.com, Jeremy Goldman CIPP/US at (212) 705 4843 or jgoldman@fkks.com, Jessica Smith at (212) 705-4876 or jsmith@fkks.com, or any other member of Frankfurt Kurnit's Privacy & Data Security Group.
Other Privacy & Data Security Law Alerts
iOS 15 Brings New Privacy Controls That Will Impact Advertising Initiatives
After months in beta, Apple is releasing iOS 15 to the public. Building upon the Privacy Nutrition Labels and App Tracking Transparency (ATT) framework introduced in iOS 14.5, iOS 15 introduces new privacy controls that will impact brand marketing initiatives and the ad tech ecosystem. Although these controls are not an iOS 14.5-caliber seismic event, they are yet another example of how platform providers have become de facto regulators of privacy. Read more.
September 20 2021
New York City Restricts Collection of Biometric Identifiers
Major US municipalities are lining up to regulate business use of technologies to collect biometric identifiers and information. For example, Portland, Oregon, banned the use of face recognition technologies earlier this year. Now, New York City businesses must comply with a new law too: Effective July 9, 2021, any commercial establishment in New York City that collects, retains, converts, stores or shares biometric identifier information of customers must disclose such activity using clear and conspicuous signage near all customer entrances. Read more.
July 7 2021
Business Takeaways from the FTC $5 Billion Settlement with Facebook
On July 24, 2019, the FTC announced a $5 billion settlement with Facebook to address Facebook’s alleged violations of the FTC Act and its 2012 consent order with the FTC. Read more.
July 26 2019
