Europe – Page 2 – Cyber Law Watch

Facebook wants you to know that it’s accountable for your privacy

Feb 01 2018

By Cameron Abbott and Samantha Tyrrell

Facebook has always been confronted with privacy-related scrutiny, including being the respondent in the proceedings that ultimately brought down the EU-US privacy shield. On 28 January 2018, Facebook revealed its “privacy principles” to users for the first time. Via a series of educational videos and a ‘Privacy Check Up’ function, Facebook has shared the core principles it uses to guide its approach to privacy. Facebook will also roll out a new hub which will allow users to more easily control their privacy settings.

Update everything: Discovery of Wi-Fi flaw in connected devices

Oct 19 2017

By Cameron Abbott, Rob Pulham and Olivia Coburn

A Belgian researcher has discovered a weakness in WPA-2, the security protocol used in the majority of routers and devices including computers, mobile phones and connected household appliances, to secure internet and wireless network connections.

The researcher, Mathy Vanhoef, has named the flaw KRACK, for Key Reinstallation Attack.

Any device that supports Wi-Fi is likely to be affected by KRACK, albeit devices will have different levels of vulnerability depending on their operating systems. Linux and Android are believed to be more susceptible than Windows and iOS, and devices running Android 6.0 are reportedly particularly vulnerable.

Gartner: Worldwide spending on information security to reach $93 billion in 2018

Aug 24 2017

By Cameron Abbott and Olivia Coburn

Global spending on information security products and services will reach $86.4 billion this year, according to US-based technology research and advisory firm Gartner, Inc.

This figure is an increase of 7 per cent over 2016, and is expected to grow to $93 billion in 2018.

Cookies, Directories, Advertising and Personal Data: New EU Rules on Privacy in Electronic Communications

Jan 20 2017

By Cameron Abbott and Allison Wallace

With the EU heading full throttle towards the implementation of new data protection regulations in May 2018, there has been a lot of buzz around the impact the regulations will have, not only on day-to-day life, but other existing regulations.

One of these regulations is the Directive 2002/58/EC aka the ePrivacy Directive, which has been urgently reviewed ahead of the data protection regulations being implemented.

Brussels partner Ignasi Guardans has detailed the review and its implications here.

UK companies taking on cybersecurity-related insurance in soaring numbers

Jan 09 2017

By Cameron Abbott and Allison Wallace

There was a 50% growth in the adoption of cybersecurity-related insurance in the UK between 2015 and 2016.

CFC Underwriting discovered the trend after polling industry representatives at the 2016 Cyber Symposium late last year.

The underwriter, which provides cyber insurance to more than 20000 clients globally, found the factors driving clients to purchase these kinds of policies included the “fear factor” of a cyber attack (23%) and the impending introduction of the European General Data Protection Regulation in 2018 (26%).

More than half of the respondents to the poll (53%) indicated they believed electronic computer crime will lead to an increase in insurance claims. Earlier figures released by CFC Underwriting revealed it handled over 400 claims on cyber policies in 2016, a 78% increase on 2015.

The EU-US Privacy Shield has been released

Mar 02 2016

By Cameron Abbott and Meg Aitken

The European Commission has now officially released the EU-U.S. Privacy Shield, which sets out the key requirements and principles for trans-Atlantic data flow between Europe to the US.

Read our colleague’s article on the announcement here.

Alternatively, access the European Commission’s Press Release here.

‘EU-US Privacy Shield’ agreed for trans-Atlantic data flow

Feb 04 2016

By Cameron Abbott and Meg Aitken

A new trans-Atlantic data transfer framework has been agreed between the European Commission and the United States this week. Known as the ‘EU-US Privacy Shield’, the new arrangement is intended to offer greater legal certainty for businesses and afford EU citizens increased protection when their data is transferred across the Atlantic to the US.

The new regulations will replace the US-EU Safe Harbor framework, which was invalidated by the European Court of Justice last October on the basis that the generalised access that public authorities had to the data and content of electronic communications violated fundamental privacy rights. Read our earlier blog post on the Safe Harbour decision here.

The key features of the new EU-US Privacy Shield are:

Stronger obligations on US companies to protect the personal data of EU citizens
More robust enforcement powers granted to both EU and US regulators, including greater monitoring and prosecution by the US Department of Commence and Federal Trade Commission (FTC)
Clearer conditions, limitations, redress avenues and safeguards for data transferred across the Atlantic
Expanded obligations for US companies to prove compliance
Several new avenues for EU citizens to lodge complaints about data misuse, including the establishment of a new independent privacy Ombudsman

The new Privacy Shield is still awaiting final approval from the College of Commissioners and will be subject to further review by the Article 29 Working Party before it is introduced. Much of the detail has not been released, so while the principles have been articulated, the impact on the obligations of affected companies is still far from clear.

Read the European Commission press release here for further details.

Our US and EU colleagues have drafted a more detail description which can be accessed here for further information.

EU and U.S. Agree in Principle on New Trans-Atlantic Data-Transfer Agreement

Oct 28 2015

By Cameron Abbott and Melanie Long

On 26 October 2015, European Commissioner Vera Jourová, announced that the European Union had agreed in principle with the US on a new trans-Atlantic data-transfer agreement. Commissioner Jourová made the announcement in a speech, before the Committee on Civil Liberties, Justice and Home Affairs, which addressed the recent judgment of the European Court of Justice that invalidated the safe harbour scheme between the two countries (Schemes decision). Commissioner Jourvá said, “there is agreement…in principle, but we are still discussing how to ensure that these commitments are binding enough to fully meet the requirements of the Court.” She also added that she expected both sides to make progress on the remaining technical points of discussion by mid-November, when she is scheduled to visit the US. The European Commission is also planning on issuing an explanatory Communication on the consequences of the Schemes decision so that businesses and industry have ‘clear explanations and a uniform interpretation of the ruling.’ The European Commission are also working towards a pending deadline set by European data protection authorities who have said that if, by the end of January 2016, no appropriate solution is found with the U.S. authorities, they will take all necessary and appropriate steps (including enforcement action) to enable data transfers to the U.S. that respect fundamental rights.

The European Commission’s press release can be found here.

European Court of Justice Declares EU/US Safe Harbour Decision Invalid

Oct 07 2015

By Cameron Abbott and Melanie Long

The European Court of Justice has declared a decision by the European Commission on the legitimacy of the EU/US safe harbour scheme (safe harbour decision), invalid. In the wake of the Snowden scandal, Austrian citizen, Maximilian Schrems, lodged a complaint against Facebook with the Data Protection Commissioner in Ireland (the location of Facebook’s European headquarters). The Irish supervisory authority rejected Mr Schrems’ complaint on the basis of the safe harbour decision. In invalidating the safe harbour decision, the European Court of Justice declared that “legislation permitting the public authorities to have access on a generalised basis to the content of electronic communications must be regarded as compromising the essence of the fundamental right to respect for private life.” Further, that the safe harbour scheme, by not providing for an individual to pursue legal remedies in order to have access to personal data relating to them, or to obtain the rectification or erasure of such data, compromised, “the essence of the fundamental right to effective judicial protection, the existence of such a possibility being inherent in the existence of the rule of law.”

The consequence of this decision is that the EU/US safe harbour scheme is contrary to the Data Protection Directive, which provides that the transfer of personal data to a third country may, in principle, take place only if that third country ensures an adequate level of protection of the data.

The European Court of Justice’s press release can be found here.

To read the full judgment of the European Court of Justice click here.

Breaches Update – July 2015

Jul 15 2015

by Jim Bulling and Julia Baldi

U.S. Office of Personal Management (OPM)
The U.S. government has confirmed a second cyber attack on the OPM database. Hackers are confirmed to have stolen the personal information in relation to former, current and prospective federal government employees effecting at least 21.5-mllion people (almost 7% of the entire U.S. population).

See the ABC report here, CNN report here and Guardian report here.

OPM’s website, sets out how person’s may have been affected by the breach and what OPM is doing to assist those affected. OPM has sent notifications to those affected by the incident and is offering free identity theft monitoring and restoration services including identity theft insurance and credit monitoring.

OPM has also outlined a cybersecurity action report, available here.

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