Tag Archives: International Data Privacy

International Data Protection Update – Summer 2021

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific China’s Data Security Law and Personal Information Protection Law – This summer, the People’s Republic of China passed two new data protection laws. The Data Security Law (DSL) passed in June … Continue Reading

A Deeper Dive: Risk Assessments Are a Necessary Step in Creating Layered Cyber Defenses

We have released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. Tens of thousands of cyber attackers employed by Chinese People’s Liberation Army and other employees and contractors of the Chinese Ministry of State Security work … Continue Reading

Moving Towards a Global Harmonized Approach to Cross-Border Data Transfers?

Today, data can be transferred around the world instantaneously, making the global marketplace seem almost borderless.  As any multinational company knows, however, compliance with each country’s data transfer and privacy laws can be onerous.  As the U.S. contemplates data protection legislation, the FTC last week announced a joint initiative with agency officials from the European … Continue Reading

International Privacy – 2013 Year in Review – Africa

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate South Africa On August 22, 2013, after four years of deliberation, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill supports the existing right to privacy found in section 14 of the Constitution … Continue Reading

International Privacy – 2013 Year in Review – Asia

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Asian Data Privacy Updates  1.         China China’s Personal Information Protection Law Proposal was submitted to the State Council in 2008, which was followed by the Ministry of Industry and Information Technology’s non-binding Internet Information Services Market Order Provisions of 2011. However, little direct progress was made until … Continue Reading

International Privacy – 2013 Year in Review – Central and South America

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Central American Data Privacy Updates  1.         Costa Rica  On March 5, 2013, Costa Rica’s data protection law, originally passed in 2011, came into force. The law, the Ley Protección de la Persona frente al tratamiento de sus datos personales, Law 8968, requires explicit data subject consent for … Continue Reading

International Privacy – 2013 Year in Review – Canada

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011, seeks to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) to include breach … Continue Reading

International Privacy – 2013 Year in Review – Ukraine

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Ukraine privacy law is undergoing a dramatic shift with its introduction of new legislation, “On Amending Certain Legislative Acts of Ukraine Regarding Improving the System of Personal Data Protection,” enacted on July 3, 2013, with an enter-into-force date of January 1, 2014. This legislation abolishes the current … Continue Reading

International Privacy – 2013 Year in Review – European Union

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate Fighting the war on two fronts: External Outside of the EU, concerns continue after the former NSA contractor Edward Snowden leaks demonstrated issues related to U.S. handling of European data. Beginning in July, 2013, the ongoing Transatlantic Trade and Investment Partnership (TTIP) talks were seen as a … Continue Reading

International Privacy – 2013 Year in Review

Authors: Gonzalo Zeballos, James Sherer, and Alan Pate 2013 was a year in contrasts within data privacy. To begin with the “normal” course, Canada sought (but failed) to pass a mandatory breach notification amendment to its federal privacy law, and Uruguay acceded to the European Convention regarding personal data processing. China introduced its Decision on … Continue Reading

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining “Opt-In” Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013.  The law relates specifically to telecommunications companies, and therefore other sectors such as service providers and third-party advertisers are not affected by the amendment.  With respect to cookies, it implements the EU Cookie Directive … Continue Reading

South Korea Court Opens the Door for Unintentional Data Breach Collective Actions

Authorship Credit:  Nathan A. Schacht This is a cross blog post with BakerHostetler’s class action blog.  For the latest in class action developments, visit classactionlawsuitdefense.com.  On February 15, 2013, the Seoul Western District Court in South Korea issued a judgment in a collective consumer action against a South Korean company for a data breach involving … Continue Reading

International Compendium of Data Privacy Laws

Privacy and data protection issues confront all organizations—whether you handle employee information, credit card data, sensitive financial information or trade secrets. Securing data is a daunting task that is further complicated by cross-border transfer issues and the differences in privacy laws around the world. These laws are complex and can pose myriad and sometimes conflicting … Continue Reading

China Adopts Privacy Legislation Strengthening Online Personal Data Protection

Authorship Credit:  Tina Amin   China’s top legislature, the Standing Committee of the National People’s Congress, closed out 2012 with the approval of rules to enhance the protection of online personal information.  The “Decision of the Standing Committee of the National People’s Congress to Strengthen the Protection of Internet Data” (“Decision”), which took effect upon … Continue Reading

Recent Updates in International Data Privacy Law

EU Information Security Agency Recommends Clear and Broad Interpretation of Data Breach Requirements On August 27, 2012, the European Network and Information Security Agency (ENISA) issued a paper, “Cyber Incident Reporting in the EU,” which analyzes the current state of EU legislation covering data breaches. It observes that many breaches remain undetected and, even if … Continue Reading
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