Blog

Restricted Transfer or No Restricted Transfer – That is the Question Here

By Carolin Brucker Cabe, an Associate at XPAN Law Group, LLC. ICO’s latest publication gives rise to speculations regarding international transfers under the GDPR and how they might be handled in the future. This comes at a time when the countdown to Brexit draws closer to completion, but is still “up in the air”. The […]

Has the CCPA Started a Domestic Privacy Wave?

This post is authored by Antonia Dumas, JD, an associate with XPAN Law Group. In the wake of the European Union’s General Data Protection Regulations’ arrival, there have been many discussions whether the U.S. will adopt a similar legislation. However, just as in other areas, the U.S. often does things differently. Here, waves of change […]

The FTC Faces New Hurdles After Eleventh Circuit Decision

This post is authored by Kacey Jennings, a second-year law student at Villanova University’s Charles Widger School of Law. Ms. Jennings is a legal-intern with the XPAN Law Group. When I was growing up, you couldn’t ask Alexa to play the newest album from your favorite artist. There was no Spotify or Apple Music in […]

The Shared Responsibility Model: Balancing Liability in a Matrix of Service Providers

As companies continue to develop new and innovative technologies, streamlining and automating operations, there is an increasing reliance on a number of third-party services to provide services and efficiencies. Each of these third-party providers adds (or attempts to add) a unique new *twist* on the old: more functionality, hopefully improved security, and any other add-ons […]

Privacy is a Blue Chip Investment for Businesses

I recently read an article in the wake of the precipitous drop in Facebook stock, titled: “Facebook ‘puts privacy first’ and stocks plunge 20%”. The title alone was enraging. To suggest that prioritizing privacy can cause Facebook to suffer a devaluation is preposterous and a serious disservice to companies everywhere. But, before the air gets […]

So, it begins: California adopts legislation that reminds many of the GDPR

A common question that we receive at our firm is: will the U.S. adopt legislation similar to the GDPR? And, if yes, what will that look at? Well, let us look into our “magic-8” ball . . . . And, no surprise, it looks like privacy is moving (slowly) across the pond to the US […]

Privacy Is the New Black

It seems to have all started with the Health Insurance Portability and Accountability Act (HIPAA), which was passed in 1996 and signed into law by President Bill Clinton. Then, after stumbling around for almost a decade, in 2009 the HITECH Act was signed by President Barack Obama which gave the necessary teeth to the privacy […]

Cross-Border Data Management and Cybersecurity: Walking the Tightrope of Compliance and Business Efficiency

This article originally appeared on KuppingerCole Analyst’s Blog on June 26, 2018 and is available in its original here. * * * * * Technology is changing rapidly, correlating in an increasing amount of data collected every second.  These technologies cross-borders and allow businesses to operate on a global scale, at a rate never before […]

Are You a Joint Controller with Facebook? The CJEU’s Judgment in Case C-210/16

How many companies maintain business-oriented pages on Facebook?  Millions. In today’s social media driven economy — where individuals digest news, shopping, and friend’s updates all on the same platform — companies are increasingly trying to harness those platforms to drive customers to them.  Even our firm has a Facebook page, a LinkedIn page, and a […]

And the Saga Continues: On The Road Again to the CJEU with Shrems II

Facebook has been caught in a legal battle concerning the adequacy of its data protection well before the Cambridge Analytical revelations that came to light in the past few weeks. While spending a semester in the United States studying at Santa Clara University, Austrian law student Max Schrems first became aware of Facebook’s limited grasp of the severity of European Union (“EU”) data protection laws in 2011 when a privacy attorney from Facebook spoke to his class. Angered by the lack of appreciation of the EU privacy law in his home continent, Schrems decided to write his thesis paper about “Facebook’s Misunderstanding of Privacy Law in Europe.” During the course of his research, Schrems learned that Facebook had been violating strict EU privacy law, which prompted him to file numerous complaints with the Irish Data Protection Commission (DPC) in 2011. He later rescinded this set of complaints because the DPC had ignored his efforts.