Tag Archives: safe harbor

Ohio Law Offers Safe Harbor to Companies Meeting Cyber Standards

By Brian P. Bartish and Craig A. Hoffman on August 13, 2018 Posted in Data Breaches, State Legislation

Ohio will soon have a law in place that provides a “legal safe harbor” from tort claims related to a data breach, to entities that have implemented and comply with certain cybersecurity frameworks. It remains to be seen whether any entity will ever be in a position to take advantage of the affirmative defense this … Continue Reading

Privacy Shield to Open for Business August 1

By Melinda L. McLellan and Jenna N. Felz on July 20, 2016 Posted in International Privacy Law

After more than two years of negotiations, on July 12, 2016, the European Commission formally adopted the EU-U.S. Privacy Shield (the “Privacy Shield”) framework as a valid mechanism for transfers of personal data from the EU to the U.S. Touting the Privacy Shield as “a robust new system to protect the personal data of Europeans … Continue Reading

Privacy Shield Developments and UK Data Transfers Post-Brexit

By Melinda L. McLellan and Jenna N. Felz on June 28, 2016 Posted in International Privacy Law

With the UK’s Brexit referendum dominating the news out of Europe over the past week, it may have been easy to miss a key development in the continuing Privacy Shield negotiations. On Friday, June 24, news outlets reported that U.S. regulators and the European Commission had agreed on a finalized version from the Privacy Shield, a proposed … Continue Reading

German Data Protection Authority Issues Fines for Unlawful Cross-Atlantic Data Transfers

By Jenna N. Felz, Melinda L. McLellan and Alexandra Beierlein on June 9, 2016 Posted in Enforcement, International Privacy Law

The Data Protection Authority of Hamburg, Germany has made good on its promise to audit cross-Atlantic data transfers in the wake of the October 2015 Safe Harbor decision. On June 6, the Hamburg DPA announced that it had fined three companies for unlawful transfers of personal data from the EU to the United States. According … Continue Reading

Safe Harbor Part Deux: The Privacy Shield

By Tanya Forsheit on February 3, 2016 Posted in International Privacy Law

This week began like many. An arbitrary deadline came and went – this one, January 31, 2016, was set by the Article 29 Working Party for European and United States regulators to address the void created by the invalidation of the Safe Harbor Framework for EU-U.S. data transfers in the Schrems decision back in October. … Continue Reading

Federal Trade Commission Continues Its Enforcement Campaign Against False Safe Harbor Claims

By Melinda L. McLellan on August 20, 2015 Posted in Enforcement, International Privacy Law

Reiterating its commitment to enforcing the U.S.-EU and U.S.-Swiss Safe Harbor Frameworks, the Federal Trade Commission announced on Monday that it has reached settlements with 13 companies alleged to have misled consumers either by claiming Safe Harbor membership despite never having applied, or by allowing their Safe Harbor certifications to lapse. A related FTC Business … Continue Reading

Focus on Advertising to Children

By Craig A. Hoffman on July 1, 2011 Posted in Behavioral Advertising, Children’s Privacy, Online Privacy

The Interagency Voluntary Working Group on Food Marketed to Children released Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts to improve the nutritional profile of foods marketed to children in April 2011. Today, FTC Commissioner David Vladeck addressed 12 myths about the recommendations, including: (1) providing reassurance that the guidelines do not provide a … Continue Reading