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Many people think each exchange of personal data requires a processor’s agreement to be entered into. In a previous blog I have already explained that this is not the case. What arrangements must then be put in place? In this blog I will be investigating this issue further. Different forms ... Read More »
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Emerging Contaminants: Property Owners and Licensed Environmental Professionals Take Notice
July 2, 2018
The United States Environmental Protection Agency (USEPA) and individual states are examing per-and polyfluoroalkyl substances (PFAS) in an attempt to establish new cleanup standards, which will affect both ongoing and previously completed cleanups at contaminated sites. In order to communicate these efforts, the USEPA prepared the attached presentation. Owners and ... Read More »
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More Technology, More Headaches for Employers
June 29, 2018
Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there’s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of technology for the most routine areas of employee and facilities management – including timekeeping ... Read More »
Facebook page administrator also (partly?) responsible for observing privacy law
June 28, 2018
On 5 June 2018, the Court of Justice of the European Union gave an important ruling on the interpretation of privacy law. The reason for the ruling was a question about Facebook pages, but the judgment is actually relevant for all parties who process personal data. In particular the balanced ... Read More »
What Public Agencies Need to Know About GDPR
June 27, 2018
We’ve been getting lots of questions from public agencies about the General Data Protection Regulation—known as GDPR. GDPR is a new European Union privacy law that governs the processing of personal data about people residing in Europe. It just went into effect on May 25. Personal data is anything that ... Read More »
The European Court of Justice (ECJ): An administrator of a Facebook fan page is jointly responsible with Facebook for processing the visitors’ personal data
June 26, 2018
The decision of The ECJ of 5 June 2018 is expected to have far-reaching significance for companies that have a fan page on Facebook (the company’s webpage on Facebook), where the company promotes themselves. The decision statues that companies which administrate a Facebook fan page, potentially can be imposed with ... Read More »
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by: Lund Elmer Sandager
in Data Privacy, Denmark, IP-IT law
Advertisements must state the correct product composition
June 25, 2018
There are many advertisements for consumer products. Not only about price, but also about composition. If the composition of a product is advertised this must be sufficiently precise, so states a recent decision of the Dutch Advertising Code Committee (RCC). Article | 18 June 2018 | Joost Becker The legal ... Read More »
Your Data Was Stolen, But Not Your Identity (Yet)
June 25, 2018
Cyberattack victims can sue data custodians despite not suffering actual identity theft. In determining the plaintiff’s standing, a growing majority of circuit courts now turn to the nature of stolen data to determine whether the victims experience a “substantial risk” of identity theft. The U.S. Court of Appeals for the ... Read More »
Ethics – Probate Process Start to Finish
June 22, 2018
In the course of probating an estate, the attorney for the estate will come in contact with many different parties. The attorney’s duty to those parties is complicated. There is no single source of law that governs the conduct of the attorney and sometimes the law is not particularly helpful. ... Read More »
PSD2: Dutch implementation act postponed
June 21, 2018
New and innovative payment services will have to wait a little longer. The Dutch implementation of the Payment Service Directive (PSD2) continues to be postponed. The implementation deadline of 13 January 2018 was not met. Dutch newcomers to the payment market are in danger of missing the boat. What is ... Read More »
OCC FinTech Charter Status Update
June 20, 2018
On April 30, 2018, the United States District Court for the District of Columbia dismissed a lawsuit filed one year earlier by the Conference of State Bank Supervisors (CSBS) disputing the authority of the Office of the Comptroller of the Currency (OCC) to proceed with a plan to issue special ... Read More »
The Importance of Dotting i’s and Crossing t’s in the Post-Accident Investigation
June 18, 2018
A new leader of a client once asked me, “Lew, what can we do to help you do your job better?” Great question! Potentially scary answer; what do you tell the new guy? After a few moments, I came up with that as a transportation company, the client was great; ... Read More »
Can Employees Voluntarily Work During FMLA Leave?
June 15, 2018
Last month, the United States Court of Appeals for the Fifth Circuit issued an opinion that provides a helpful reminder about the extent to which an employer may ask an employee to work during a leave taken under the Family Medical Leave Act (FMLA). In D’Onofrio v. Vacation Publications, Inc., ... Read More »
The U.S Supreme Court’s Ruling on Arbitration Clauses
June 14, 2018
On May 21, 2018, the U.S. Supreme Court ruled that arbitration agreements between employees and their employers requiring individual arbitration must be enforced, giving employers the green light to require employees to enter into contracts waiving their class and collective action rights in addition to their right to bring employment ... Read More »
PCI DSS Version 3.2.1 Released: What You Need to Know
June 13, 2018
On May 17, 2018, the Purchase Card Industry Security Standards Council (PCI SSC) released version 3.2.1 of its PCI Data Security Standard (PCI DSS). Founded in 2004 by Visa, MasterCard, Discover, and American Express, the PCI SSC produces the “best practices” for enhancing the security of payment card and cash ... Read More »