Privacy and reputation
In today’s digital age, false rumours and misinformation can quickly escalate and impact reputation like never before.
MPs to challenge data laws in court download
Laws that let security organisations tap into internet and telephone records are to be challenged by two MPs.
The Hong Kong privacy commissioner for personal data (PCPD) announced last week that a former insurance agent has received a prison sentence in respect of offences under the Personal Data (Privacy) Ordinance.
According to IBM, 90 per cent of the world’s data was created in the past two years. The rise of ‘wearable technology’ will only serve to increase the levels of data collected.
Sports, Media and Entertainment Intelligence: more good news for the creative sector; product recalls and brand reputation
The December issue of Sports, Media and Entertainment Intelligence discusses brand reputation, broadcasting, data protection, gambling and more.
Employers are prohibited from requesting criminal background checks or clearances, except in specified, sensitive sectors.
Kemp Little’s Nicola Fulford and Kemp Little Consulting’s Jim Odell will be chairing at the 5th Edition Analytics and Big Data Congress.
Section 56 of the Data Protection Act 1998, dormant since the DPA came into force, is expected to be implemented shortly.
UK: privacy and information law update — enforced subject access: a new criminal offence under the Data Protection Act 1998 download
Section 56 of the Data Protection Act 1998 (DPA), dormant since the DPA came into force, is expected to be implemented shortly.
When it comes to protecting sensitive personal data, it would be wrong to consider yourself less vulnerable simply because you don’t tweet or don’t have the latest apps on your smartphone.
The Office of the Privacy Commissioner for Personal Data in Hong Kong (PCPD) has released new Guidance on the Proper Handling of Customers’ Personal Data for the Banking Industry.
The continued dependence on electronic and network-based systems means that all businesses, regardless of their size or area of operation are increasingly exposed to cyber risks.
The report on the intelligence relating to the murder of Lee Rigby raises some complex privacy issues, says Paula Barrett, head of privacy at Eversheds.
Liz Fitzsimons, data privacy expert at Eversheds, has commented on reports of a cyber attack on Sony Pictures.
The University of Birmingham recently released a report outlining that the use of drones within the UK is expected to rise significantly over the next 20 years.
Nicola Fulford, privacy and data protection partner, and Alex Cravero, commercial technology associate, discuss the significance of the Shellshock bugs.
While many practices are focused on improving their digital data security, the security of data in print too often remains a blind spot.
Forty-five per cent of financial services organisations have suffered economic crime during the survey period, compared with only 34 per cent across all other industries.
Hogan Lovells has been appointed by Uber Technologies to conduct an in-depth review of its existing data privacy program following criticism about an Uber executive snooping on a journalist.
Installing a ‘computer program’ on a computer system is prohibited unless the program is installed with consent and complies with disclosure requirements.
On 10 December 2014, Dentons lawyers from around the globe will present on several critical employment issues facing multinational employers.
CASL is a new regime, with significant administrative monetary penalties and is broader in scope than the anti-spam laws of the US and other countries.
BWB Briefing for Charities and Social Enterprises — FAQs for charities on the impact of the Lobbying Act; and more download
Bates Wells Braithwaite has released the 13 November 2014 issue of its BWB Briefing for Charities and Social Enterprises.
Investors are increasingly looking to hedge-fund owners to identify threats and protect their investments.
Beneficial ownership of assets is coming under scrutiny in hedge fund divorce cases, requiring the disclosure of great swathes of confidential information.
Cyber security — blanket? download
Tim Ryan guides us through the cyber-security puzzle with five useful recommendations.
While protecting workplaces from the Ebola virus, employers in the US should comply with federal and state employment discrimination, leave and privacy laws.
The CRTC has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs.
Employment Law Round-up — landmark EAT case on holiday pay; right to privacy in the workplace; TUPE; and more download
In this issue, we look first at the landmark EAT case on holiday pay, which attracted a lot of TV and press attention earlier this month.
DLA Piper has announced that Jeanne Bossi-Malafosse will join the firm in Paris as counsel.
DLA Piper partner Patrick Van Eecke took part in a panel last week aimed at helping Google decide which principles should be used when removing content.
Dealing with today’s cyber threat isn’t simply a question of reviewing your security systems.
Automatic exchange of information download
On 29 October, 51 jurisdictions signed a multilateral agreement to participate in the automatic exchange of information under the Common Reporting Standard.
Sports, Media and Entertainment Intelligence — Google privacy case in Japan; FIFA Women’s World Cup; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
This article seeks to share insights as an ‘alert’, so to speak, to the vulnerabilities to watch for in protection of personal information.
Sam Karim of Kings Chambers will be speaking at the 10th EHFCN Conference in Athens on 7 November.
Data Issues Roundup — government increases ICO fining power for nuisance calls and spam messages; and more download
Addleshaw Goddard has released the 4 November 2014 issue of its Data Issues Roundup.
Pillsbury has announced that public policy lawyer Mercedes Tunstall is set to join the firm’s Washington DC office.
What can and should an organisation do if they are persistently being targeted by a particular opponent online or offline?
Tips from a former privacy regulator download
Chantal Bernier provides five tips that can benefit companies in responding to a privacy regulator.
Defamation claims issued in 2013 decreased 24 per cent and statistics on privacy injunctions (not claims) for the first half of 2014 show an even greater decline.
Memery Crystal’s employment team is set to host a breakfast panel discussion — ‘Social media: what employers need to consider’.
A study published recently by PwC shows that many organisations lack both clear leadership and strategies for tackling the security threats they face.
The commissioner of lobbying, pursuant to powers in the Lobbying Act, has published a revised code of conduct and invited written submissions on these proposed revisions.
BYOD smartphones and tablets are the ‘Achilles heel’ of the IT security of most organisations and are the technology most often involved in cyber attacks.
‘Turning the tables on the stalkers’ will focus on the implications for service providers and the effectiveness of current legislation and policing.
Justice secretary Chris Grayling has outlined government proposals to quadruple the current six-month sentence for people found guilty of internet trolling.
Individuals and businesses need to begin assessing the risk of their data being misused, not by the person they’re sending images to but by hackers who may attempt to steal their data.
Data breaches are personal download
The recent hacking of celebrity images and those belonging to Snapchat users show that individuals are not immune to targeted cyber attacks.
UK and Europe: prioritising privacy download
Law firms and clients that are caught unaware of changes to international data protection legislation risk heavy fines.
Social media is an ever-increasing area of litigation. Facebook users spend more than 10.5 billion minutes per day on the website, for example.
E-health and fitness/wellness applications are being investigated and potentially sanctioned by the Italian data protection authority.
This article briefly surveys risks from the US healthcare perspective when companies choose to adopt a BYOD policy.
Kemp Little has become a 2015 FinTech50 partner. FinTech50 recognises businesses in Europe’s technology sector for their innovation.
Schillings scooped three awards at this year’s Modern Law Awards for ‘Law Firm of the Year’, ‘ABS of the Year’ and ‘Non-Lawyer of the Year’.
Data Issues Roundup — ICO issues new code of practice; ‘revenge porn’ to become offence; and more download
Addleshaw Goddard has released the 16 October 2014 issue of its Data Issues Roundup, which provides a weekly round-up of data issues.
Orange was represented by Dr Arwid Mednis, head of the privacy, information and communication technologies team and electronic communications team.
Schillings has won the most innovative law firm in corporate strategy award at the 2014 FT Innovative Lawyers Awards.
Pillsbury has assembled a new team to help clients with their global security strategy and compliance needs.
In a new book published by Harvard University Press, Hate Crimes in Cyber Space, Prof Danielle Citron lays her prescription for tackling the ‘awful internet’.
The increased use of video as a publishing tool has reputation implications for individuals and businesses alike.
Banks launch fresh cybercrime drive download
Financial Fraud Action UK has published figures showing that internet and telephone banking fraud increased 59 per cent to £35.9m during the first six months of 2014.
The Technology Leaders Forecast Survey is a poll of more than 200 technology executives and investors developed by DLA Piper and PitchBook.
Dentons Canada has announced that Chantal Bernier, former interim privacy commissioner of Canada, has joined the firm’s privacy and security practice as counsel.
One positive that has come out of the recent wave of uncomfortably private photos being brandished is that not everyone wants to look at them.
Sports, Media and Entertainment Intelligence — French legislation on evening advertising on public channels; and more
The October issue of Sports, Media and Entertainment Intelligence discusses evening advertising on public channels, gambling, paid television and more.
Following testing in the US of driverless cars and the announcement in the UK that cars will be tested here from the start of next year, the debate around autonomous vehicles has intensified.
The real threat from a data breach is not the incident itself, but the lasting damage it can cause to your reputation.
Election advertising download
Partner Rupert Earle and paralegal Andrew Wheelhouse explain the restrictions on election advertising.
Rupert Earle and Mark Scodie explain the limits of freedom of expression, given that the circulation of untrue information may distort the electoral process.
FAA grants exemptions and releases guidance for operation of small unmanned aircraft systems download
On 25 September 2014, the FAA approved six exemption requests for the use of small unmanned aircraft systems for television and movie filmmaking under strict conditions.
A derogatory comment posted on a social networking site will be defamatory if it contains an untrue imputation against the employer that serves to undermine the reputation of the organisation.
EU data protection laws apply to ‘personal data’ in the broadest sense. A business email sent by an employee from the office constitutes ‘personal data’ as long as the email identifies an individual.
There is now a clear public expectation that every sizeable consumer-facing business will have a social media presence of some sort.
MOrsel: in business, it’s not what you know, it’s who you know — Nautech Services Ltd v CSS Ltd and Ors download
The Royal Court in Jersey has held that a business’s client contact information, stored on a database, is protected by laws of confidentiality and copyright.
A global survey published by the Global Privacy Enforcement Network has found an alarming degree of data privacy failings among mobile apps.
Cybercrime is one of the fastest-growing criminal activities on the planet. It covers a huge range of illegal activity including financial scams and computer hacking.
The following commentary provides a brief overview of the short to medium term changes expected in the post-referendum environment.
The News of the World has admitted being responsible for intercepting the voicemails of many individuals using the services of Glenn Mulcaire, prior to his arrest in 2006.
£4m boost to UK’s cyber security download
A new £4m funding programme will boost the UK’s cyber security, while making it easier for companies to thrive online, it is hoped.
Shoosmiths has hosted an all-day event for London-based procurement professionals and in-house lawyers
Intellectual Property and Technology News — service integration in the technology and sourcing space; and more download
Intellectual Property and Technology News (Asia Pacific) is a biannual publication from DLA Piper that offers perspectives, analysis and visionary ideas.
WesPay has announced that Pillsbury partner Deborah S Thoren-Peden is the recipient of the Frank E Zima Award for Payments Advocacy.
Charities can be exempted from most of the provisions of the Data Protection Act, when they handle personal information in order to publish certain reports.
BWB Briefing for Charities and Social Enterprises — Electoral Commission publishes update for non-party campaigners; and more download
Bates Wells Braithwaite has released the latest issue of its BWB Briefing for Charities and Social Enterprises.
Data Issues Roundup — new Irish data protection commissioner appointed; Racing Post falls short on IT security; and more download
Addleshaw Goddard has released the 15 September 2014 issue of its Data Issues Roundup publication.
A report issued by WP 29 has raised concerns regarding certain limitations in Québec’s scheme of protection for personal information.
The UK DMA has released a code of practice to address consumer concerns around data privacy and UK marketing practices.
Members of the Global Privacy Enforcement Network (GPEN) have released the results of the network’s May 2014 privacy sweep.
Google has met with privacy experts in an attempt to nail down its policy regarding the recent ‘right to be forgotten’ legal ruling.
DLA Piper counts down the top five privacy issues and client concerns seen in the first six months of the operation of the APPs.
For a number of years, one of the most hotly debated topics involving cloud computing has been around the security, confidentiality and integrity of data.
The regulations relating to the licensing and use of orphan works will come into force in October this year.
The European data protection authorities will be conducting a ‘cookie sweep’. Businesses should be checking their websites and cookie notices now to ensure they are compliant and fix any issues.
In July 2014, the House of Lords Communications Committee published a report to inform and stimulate discussion on how the law should respond to offences committed using social media.
Liz Fitzsimons, data privacy expert at Eversheds, has commented on news that some banks will begin to use finger vein technology as a security measure.
Sports, Media and Entertainment Intelligence — broadcasters’ ownership; television advertising; data protection; and more
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
The FCC’s declaratory ruling re TCPA vicarious liability — one year later: trends and takeaways download
A year ago, we reported on the FCC’s declaratory ruling about telemarketing robocalls. How has the declaratory ruling been applied since then?
New threat to ‘bring your own device’ policies: employer required to reimburse personal cell phone expenses download
California employers must reimburse employees who are required to use personal mobile phones for work calls for a reasonable percentage of their phone bills.
Our team works with vendors and purchases to mitigate risk, resolve issues and achieve good deals on information technology projects.
Amendments to California’s security breach notification bill head to governor: key action points for businesses download
In what has become almost an annual ritual, California is poised to tweak its security breach notice law.
IP Rights in Data Handbook: protecting and exploiting IP in data, big data and databases internationally download
DLA Piper’s second-edition IP Rights in Data Handbook now covers 20 jurisdictions and includes top tips from local professionals on how best to exploit big data.
It’s happened again. Another hack attack. This time aimed at photos that no-one intended to see the light of day.
Are your photos safe in the Cloud? download
It’s happened again. Another hack attack. This time aimed at photos that no-one intended to see the light of day. Here are the practical steps you can take.
Is your website legal? download
This briefing summarises some of the key information has to be disclosed by website operators.
Dentons highlights lessons that can be learned from the Humphrey case and provides advice for navigating the risks associated with internal investigations in China.
Director, Corporate Intelligence
As cloud services develop and mature, one of the key differentiators between suppliers is the service-level agreements they are willing to offer.
A new kitemark has been launched to give consumers extra confidence that the apps and websites they are using are secure.
DLA Piper’s privacy experts have compiled a list of dos and don’ts for addressing privacy compliance in M&A transactions.
On 22 July 2014, a new law amending the Law on Data Protection and Law on Information was signed off by the Russian president and thus was officially adopted.
Life Sciences Spotlight: Chinese regulatory enforcement action not slowing down; patent strategies and loyalty discounts; and more download
DLA Piper has released the fourth edition of Life Sciences Spotlight, which discusses developments in the sector across the Asia-Pacific region.
BWB’s public and regulatory law team, headed by Melanie Carter, provides practical and strategic advice and representation for its clients.
Our experienced team has worked on many high-profile defamation and privacy cases.
Just about every job we undertake has something different about it. This makes it easy for us to share our client’s excitement about what they are doing.
Our team operates predominantly in the small to mid-cap market, where we have extensive experience and a client-focused approach.
We advise on how best to safeguard your name, images, logos secrets and products from those seeking to copy, capitalise on or compete unfairly with your work.
Media boutique Michael Simkins and City-based BCL Burton Copeland have been brought in to represent Sir Cliff Richard following a police raid on the star’s home last Thursday (14 August).
No5’s Adrian Keeling has defended Anthony France, 41, from Watford, who is facing charges of conspiracy to commit misconduct in public office.
In 2013, 41 per cent of small firms fell prey to cyber criminals, with another 10 per cent hit by online fraud and 20 per cent affected by a computer virus.
We have a depth of experience across local and central government.
Higher education providers are becoming increasingly popular targets for cyber attacks.
Life Sciences Spotlight: Chinese regulatory enforcement action showing no signs of slowing down; and more download
Welcome to the fourth edition of Life Sciences Spotlight.
The UK Information Commissioner’s Office (ICO) has recently published its annual report. This note highlights key points and potential developments in the regulation of data protection in the UK.
In this article first published in Financier Worldwide, Rod Christie-Miller sets out the steps you can take when untruths start to be spread from behind the shield of a fake identity.
The EU Article 29 Working Party’s guidance on the ‘legitimate interests’ ground for processing personal data download
If a data controller does not have the consent of a data subject to process his or her data, when does the ‘legitimate interest’ condition bite?
We advise clients on all aspects of compliance with Swiss privacy and data protection laws.
The New York Times recently reported that an organised Russian criminal group stole approximately 1.2 billion username and password credentials.
The Australian Privacy Commissioner has found that a suburban Melbourne medical practice has breached the Privacy Act 1988 (Cth).
Using words to battle cyber losses download
Words matter when it comes to cyber security, says Pillsbury’s Brian E Finch.
Mobile payments has been heralded as a growth area in technology, retail and financial services for some time now.
California’s CMIA provides that an individual may recover $1,000 nominal damages based on the negligent release of information by a healthcare provider or other covered party.
This is an Australian-specific alternative chapter on data protection, which was designed to assist organisations operating in Australia with their new privacy responsibilities.
IP rights in data download
Copyright, database right, confidentiality and trademarks are all relevant when considering how data could be protected.
This briefing provides an comparison of the key provisions of the UK Data Protection Act 1998 (DPA) and the Singapore Personal Data Protection Act 2012 (PDPA).
In this webcast, Jonathan Kirsop examines how the UK data protection regime applies to regulate disclosed information.
Protecting confidential information is understandably an important issue for most employers.
In the midst of the gale-force winds of commentary whipped up by the Google case, we should pause and ask ourselves: just how ground-breaking is this decision?
Be Global — July 2014: new gender equality reporting obligations in Australia; meaning of ‘last wage’ clarified in UAE; and more
Be Global is DLA Piper’s snapshot of key global employment law developments designed to help you identify legal hotspots across your global operations.
Having remained fairly static for about 20 years, data protection laws in Europe are on the cusp of their next major overhaul.
A new directive in the EU is set to assist franchisors and franchisees who own confidential business information (such as trade secrets and know-how).
Gillian Duffy has joined Schillings as a senior associate, making her the latest addition to join the firm’s expanding reputation defence practice.
Do cyber attacks affect share price? download
It’s often suggested that a cyber breach can devastate share price. But is this right?
Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command, certainly has taken a different approach from his predecessor.
The recently reported and much criticised Facebook survey deliberately manipulated almost 700,000 account-holder newsfeeds and monitored the results.
Christopher Graham spoke at the recent Privacy Laws & Business Conference in Cambridge, UK. Here is an update of the main points.
Eversheds recently hosted its annual Technology, Media and Telecoms conference in front of personnel from some of the UK’s largest technology companies.
The risks posed by insider threats download
With the vast tranches of information stored on organisations’ internal networks, the impact of a data breach can be critical for the company involved.
The Secret Service and the Department of Homeland Security have issued a warning to travellers and the hospitality industry about hotel business centres.
Emergency phone and internet data storage laws are set to be brought in by the UK government. Liz Fitzsimons and James Walsh discuss the laws.
Two senior lawyers from Eversheds recently spoke at Practical Law’s inaugural Retail Law Forum.
We have a team of specialist lawyers whose collective experience covers some of the most ground-breaking and eye-catching cases.
One in 10 ex-partners have threatened to expose risqué images of their ex-partner online, with around 20 sites operating in the UK where people can view revenge porn images.
BDK Advokati/Attorneys at Law has submitted to the Serbian commissioner for information of public importance and data protection an analysis of the draft Data Protection Act.
Not just a matter of terminology: disclosure between the US and UK is redefining the role of legal counsel download
Cory Birenbaum and Rod Anderson outline how general counsel and their advisers can prevent their employers from falling afoul of US judges.
Why take the shortcut and settle? download
Many disagreements can be, and often are, negotiated and successfully settled without ever having to start court proceedings.
Execution of search and seizure warrants in criminal matters in respect of electronic data held by persons bound by secrecy rules download
Such measures are not only questionable from the perspective of criminal procedural rules, but also raise serious concerns from a professional secrecy point of view.
The internet as confessional is perhaps a wholly new spiritual approach to how we treat online communities and raises important legal issues for website users and hosts.
George Clooney has released a long statement condemning the Daily Mail for what he claims was a ‘completely fabricated’ article about his fiancée Amal Alamuddin’s mother.
Sports, Media and Entertainment Intelligence — further restriction and rationalisation of Belgium’s gaming industry; and more download
Sports, Media and Entertainment Intelligence is the global monthly publication from DLA Piper’s sports, media and entertainment group.
Social media offers many opportunities for law firms, and yet there is still much reluctance.
The Google ‘right to be forgotten’ ruling and its wider implications for real-estate businesses download
The implications of the Google ruling will be relevant to all types of business — including real-estate businesses.
Employers should be aware of a number of recent developments in the employment law arena.
California courts are clarifying potential liability under the CMIA of healthcare providers, health plans, pharmaceutical companies and others for the unauthorised disclosure of medical information.
Bates Wells Braithwaite has welcomed a decision that establishes the Human Dignity Trust’s activities to protect the human rights of LGBTI people around the world as for the public benefit.
The Russian Parliament has just passed new rules requiring the personal data of Russians to be stored in Russia.
Company law contains a number of measures aimed at protecting the personal details of the individuals involved in a company (such as its directors and shareholders).
Our legal professionals work alongside social media providers and users in relation to commercial, privacy, data, advertising, intellectual property, employment and corporate issues.
Head of commercial technology
Head of IP and litigation
Head of data protection and privacy
The EU Data Protection Regulation was discussed at the Privacy Laws & Business conference in Cambridge, UK.
It looks as if for some the ‘right to be forgotten’ may quickly become a sure-fire way of being remembered.
The New Blue Guide updates the ‘Guide to the implementation of directives based on the New Approach and the Global Approach’ published in 2000.
The Australian privacy commissioner has found that Cupid Media failed to take reasonable steps to secure personal information held on its websites.
The ECJ has ruled that search engines need to remove the link between search results and a web page if it contains information an individual deems should be ‘forgotten’.
Schillings has announced that it has won the inaugural ABS of the Year award at the 2014 Lawyer Awards.
In 1984 libel law was a small but exciting part of the business. We started to carve a reputation for ourselves as experts in libel in what was then an uncrowded marketplace.
On 8 April 2014, the European Court of Justice in the Digital Rights Ireland case declared the Data Retention Directive 2006/24/EC invalid
A search engine operator never forgets... unless you ask it to — the practical challenges of the CJEU Google case decision download
Regulators deliberate as search engine operators work to assemble and implement compliant practices in the wake of the CJEU’s decision in the Google case.
In this article for Lawyer 2B, David Prince sets out everything you need to know about the EU Cyber Security Directive and how delays in implementation are causing uncertainty in the market.
In a landmark judgment, the CJEU has ruled that an individual has the ‘right to be forgotten’ under the Data Protection Directive 95/46/EC.
The Upper Tribunal has handed down its judgment in the Ian Hannam market abuse case. This article summarises some practical consequences from the judgment.
Supreme Court issues new interpretation upsetting established protocol for obtaining internet service subscriber information download
The Supreme Court of Canada issued a landmark decision that upset a common interpretation of a provision of the Personal Information Protection and Electronic Documents Act.
Our team has wide-ranging experience of advising businesses on intellectual property issues relating to fund-raising, mergers and acquisitions, IPOs and technology transfers.
Among the most controversial of the Connected Continent Regulation amendments proposed are those dealing with net neutrality.
The recent High Court case of Warm Zones is a useful reminder for employers of the best steps to take to protect confidential information.
With the rise of celebrity endorsements, like any counterfeit strategy there comes the rise of celebrity false endorsements.
Even a brilliantly executed house move risks being exploited — turning your dream move into a nightmare.
The Court of Justice ruled that individuals can require search engines to rectify, erase or block access to the search engine results about them
The exploitation of weaknesses in an organisation’s IT systems can pose a real risk of civil action or regulatory enforcement and fines.
Google has launched an online form to allow individuals to ask for their personal data to be removed from online search results.
Reputation resilience: a study into the emerging professionalisation of corporate reputational risk management download
Those tasked with protecting corporate reputation find themselves on uncertain ground.
Papers are receiving ‘take-down’ requests following the ruling that determined that anyone can demand the removal of information relating to them from search engines.
Building reputation resilience into any brand requires an ongoing assessment that helps to identify the current and emerging risks.
Compliance with AML, Know Your Customer and sanctions regulatory requirements dominated the financial services landscape in 2013. This looks set to continue in 2014.
In this video, John Tracey, Umang Paw and Melissa Suek discuss what leading organisations are doing to manage their information as an asset
In this Dispute Perspective, we explore the issues and consider some of the implications for case strategy and quantum assessment.