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Issue of the Moment - GDPR 59 Articles On This Issue Four months until the GDPR: Which EU countries have already implemented local GDPR laws? Is there anything relevant in these laws? First judgment on GDPR by German administrative court ICO publishes draft guidance on contracts and liabilities under the GDPR Cross-Border Data Transfers: CSL vs. GDPR Implementing the GDPR: What you need to know See More Perspectives
Four months until the GDPR: Which EU countries have already implemented local GDPR laws? Is there anything relevant in these laws? The GDPR will eventually be in effect on May 25, 2018. The GDPR will mostly harmonize data protection law throughout the EU. However, the law will not be harmonized completely as the GDPR comprises more than 70 opening clauses leaving room for the EU Member States’ legislators to implement (stricter, less strict, or more detailed) rules. To help clients identify specifics for all Member States at one glance, Reed Smith, in cooperation with partner law firms from every EU Member State, has been compiling an overview of local GDPR implementations on various aspects of the GDPR. In the linked chart, you will find – listed by EU Member State – the current status of each Member State’s local GDPR laws, links to drafts, and a couple of highlights from each Member State. Click here to view the current status of the local GDPR adjustment laws, links to existing provisions, and the information status.
First judgment on GDPR by German administrative court The General Data Protection Regulation (“GDPR”) will become applicable 25 May 2018. Even though the GDPR entered into force 24 May 2016, its provisions will be binding and enforceable only from 25 May 2018. In advance of the applicability of the GDPR, the German Administrative Court Karlsruhe (“AC Karlsruhe”) already had to decide on it...… Continue Reading
ICO publishes draft guidance on contracts and liabilities under the GDPR The UK’s Information Commissioner (ICO) has published draft GDPR guidance on contracts and liabilities between controllers and processors. The draft guidance is currently open for consultation,with responses due by 10 October 2017. The purpose of the guidance is to help organisations understand what needs to be included in written contracts between controllers and processors under...… Continue Reading
Cross-Border Data Transfers: CSL vs. GDPR As multinational companies wrap up compliance preps for the EU’s General Data Protection Regulation (GDPR), China’s Cybersecurity Law (CSL) takes center stage presenting new challenges. Although CSL took effect on June 1, 2017, the compliance deadline for the most controversial cross-border data transfer requirement is deferred until Dec. 31, 2018. Companies deemed “network operators” are required to conduct a security assessment if they transfer personal information or important data collected or generated in China to a foreign party. While CSL’s security assessment regime remains under development and the draft bears superficial resemblance to GDPR, the Chinese legislative and enforcement styles create confusion, and sometimes false hopes, for western companies. This article sheds light for in-house counsel with GDPR exposure on how to prepare for CSL’s data transfer requirement.
Implementing the GDPR: What you need to know Data protection procedures will require an overhaul for any company that offers goods and services, or tracks individuals, in the EU under the European General Data Protection Regulation (GDPR) to take effect from 25 May 2018. Given the changes in compliance requirements that the GDPR entails, it is vital that you use 2017 to audit your current policies and processes and make any necessary changes in readiness for the GDPR.
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Four key takeaways from the Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, 583 U.S.___ (2018) On February 21, 2018, the United States Supreme Court’s decision in Digital Realty Trust, Inc. v. Somers, 583 U.S.___(2018) resolved a split between the Second, Ninth and Fifth Circuits concerning whether the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) covers only persons who have reported alleged securities violations to the SEC or whether it also includes persons who have made internal complaints without making a complaint to the SEC. The Second and Ninth Circuits held that the anti-retaliation provision applied to both categories of persons while the Fifth Circuit restricted the provision’s coverage to persons who filed complaints with the SEC.
After the Coty Germany decision, comes the Coty France decision: confirmation of a favourable environment for brand owners The Court of Appeal’s judgment in Coty France further confirms the shift initiated by the Court of Justice and the French Supreme Court following recent decisions under EU and French law in the Coty Germany and Caudalie cases. In doing so, the judgment generally favours the protection of brand owners over the development of e-commerce platforms.
Using VPN Technology in the UAE: Awareness and Action There has been much discussion in the media regarding the use of virtual private networks (VPNs) in the United Arab Emirates (UAE), triggered by the recently announced Federal Law No. (12) of 2016 (the Amendment), which amends Federal Decree-Law No. (5) of 2012 on Combating Cybercrimes (the Law). The Amendment, which revisits the use of VPNs in the UAE, has raised potential concerns over the use of VPN technology in the UAE. In this alert we examine the legal and practical risks associated with using VPNs in the UAE.
China initiates dumping investigation for phenol originating in the US, the EU, Korea, Japan and Thailand China's Ministry of Commerce has announced that it is initiating an anti-dumping investigation with respect to imports of phenol originating in the United States, the EU, the Republic of Korea, Japan and Thailand.
10,000 Foot View The Collaborative Decade Welcome to the Reed Smith Conversations, a new podcast from Reed Smith, produced by Wf360 productions. Reed Smith Conversations is a four-part series, each a highly interactive discussion on a topic of importance to all of us, perhaps now more than ever. In each episode, you’ll hear from people who may shake up your thinking on issues you thought you already knew well. Listen to the podcast
Around The Corner Driving progress through partnership: Alicia Millar - We’re focused not just on the now but the next as well The CJEU Preliminary Ruling in Slovak Republic v Achmea BV – what does it mean for arbitration under intra-EU BITs? Lehman Brothers case protects ipso facto clauses in swap agreements against potential clawbacks from debtors post-bankruptcy Developments in sustainable finance: EU Commission action plan for financing sustainable growth
Notable News Reed Smith advises GlobalData in £90 million acquisition of Research Views Limited Reed Smith advises Cortland Capital Market Service on its sale to Alter Domus Group Reed Smith Advises Nova Capital Management on the sale of Ashland Hardware to Tyman plc Reed Smith Paris advised Seaboard Overseas Limited on the acquisition of Grands Moulins de Dakar and Grands Moulins d’Abidjan See More News YouTube Vimeo Twitter LinkedIn GooglePlus Facebook Attorney Advertising Legal Notices Modern Slavery and Human Trafficking Statement Reed Smith Supplier Code of Conduct Vendor Enrollment © 2018 Reed Smith LLP. All rights reserved.