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Data Protection Leader

Volume: 7 Issue: 9
(September 2010)


A Bill regulating employee privacy - adopted by the Federal Cabinet of Germany on 25 August - would not "remove the prevailing legal uncertainty" in the employment area, as "it is vague and does not provide clear 'dos and dont's'", Ulrich Baumgartner, Partner at Osborne Clarke in Munich, explained to Data Protection Law & Policy. / read more

The Supreme Court of Switzerland stated that IP addresses constitute as personal data in an 8 September ruling against 'anti-piracy solutions' company Logistep AG. / read more

The New Zealand Parliament passed the Privacy (Crossborder Information) Amendment Bill on 26 August, addressing EU concerns that the country's Privacy Act has no prohibition on data exports, allowing data to be transferred to third countries without adequate privacy protection. / read more


It's consultation time in Europe. Both the original 1995 Data Protection Directive and the EU e-privacy regime are in the process of being amended in an unprecedented fashion. In the case of the former, it is difficult to say at this stage how far the changes will go, as the European Commission is keeping any potential amendments to the Directive close to its chest. As for the implementation of the revised e-Privacy Directive across EU Member States, most countries are quietly considering their positions at the moment. However, in both cases, it is evident that the scope for new rules is significant and that those interested in having a say have a golden opportunity to make themselves heard. / read more

As a competitive asset for companies and an instrument of confidence for data subjects and users of new technologies, the data protection seal ≠ which will be launched shortly in France ≠ is set to become an important tool to ensure privacy and security. Caroline Doulcet, Associate at Cabinet Gelly, examines the progress of the CNIL in the certification area, and rounds up what the future holds. / read more

As the number of people connecting through social networking sites increases at a staggering pace, users start paying more attention to privacy policies and settings. David Ervin and Christopher Loeffler, from Kelley Drye & Warren LLP, examine the risks associated with the use of social networking sites, with a particular focus on data sharing with third party advertisers. / read more

Privacy rights groups welcomed a July announcement by the US Department of Health and Human Services stating that the controversial health data breach notification rule (74 FR 42740) would have been withdrawn for further consideration - though not all associations felt the same way. Marcy Wilder, of Hogan Lovells, discusses the benefits and drawbacks of the rule and examines the contending logic of those who support, and those who condemn, the 'harm threshold' requirement. / read more

The ability of employers to monitor their employees' personal use of emails and internet on workplace computers is an issue which has often been examined by the Spanish courts, as well as by the Spanish data protection regulator. Rafael GarcŪa del Poyo, Partner at Cremades & Calvo Sotelo, analyses how the Spanish Workers' Statute provisions on monitoring and control by the employer have been interpreted in recent years. / read more

Canada's Bill C-28, the Fighting Internet and Wireless Spam Act, is widely expected to be reintroduced in the next parliamentary session, at the end of September. Following the failure of Bill C-27 - the Electronic Commerce Protection Act - to reach the Statute Books last year, the possible introduction of anti-spam legislation in the country has been highly anticipated. Christine Carron, of Ogilvy Renault solicitors, discusses how online marketers may need to adjust their practices to comply with the proposed law. / read more

The Article 29 Working Party recently published a set of Frequently Asked Questions (FAQs) to clarify how the new model contract for data transfers to non-EEA processors - issued in May by the European Commission - works in practice. Hazel Grant and James Brunger, from Bristows, examine the changes introduced by the new model contract and how far the FAQs clarify its provisions. / read more

About Data Protection Leader:

The monthly law publication which covers all aspects of data protection and data privacy. Topics covered include data transfers and outsourcing, data localisation and retention, the EU General Data Protection Regulation (GDPR), the e-Privacy Directive, data security, marketing and behavioural advertising, consent, employee monitoring, privacy compliance, risk management, DPO responsibilities, accountability, Privacy by Design, acquisition and mergers, the Internet of Things, cloud computing and Big Data / read more

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