Digital Information and Records Law

Two Years of GDPR — Are You Compliant Yet?

The 25th of May 2020 marks two years since the General Data Protection Regulation (GDPR) came into force. The GDPR imposes strict obligations on data controllers and processors which are entrusted with the personal data of individuals. Furthermore, it provides several rights to data subjects, through which they are able to hold data controllers accountable

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COVID-19 Infects Smart Working and Data Protection Rules in Italy

The unfortunate spread of COVID-19 throughout Italy led to some interesting legislative measures. Smart Working Thanks to a Decree of the Prime Minister adopted on March 1, 2020, employers could employ their workers by remote working, even without the individual agreements in writing mandated by Law no. 81/2017. Remote or “smart” working is not mandatory.

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How The California Consumer Privacy Act Could Affect Your Business

By: Varnum LLP. The California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. The CCPA affects all businesses collecting or storing data about California residents (an estimated 500,000 businesses nationwide). It imposes significant compliance obligations upon the businesses within its scope and carries large penalties for those who fail to comply. The

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Who Is Watching Over You? Home Privacy in Hong Kong

In a crowded city such as Hong Kong, where the majority of residents live in apartment blocks that are built in close proximity to each other, home privacy can be an issue. People can see through your windows, the security guards know all about your visitors. Many aspects of your life and living circumstances are laid bare

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Spain’s Supreme Court: Bitcoin Is Not Legal Tender

The Bitcoin, for the purposes of civil liability derived from crime, is not legal tender. This was the conclusion reached by the Supreme Court of Spain in its Judgment of June 20, 2019, rejecting a final appeal in cassation No. 998/2018. As background to this judgment, we can say that the defendant had been convicted

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Italy Recognizes Legal Effects of Documents Based on Blockchain Technologies

Under Italian law a document saved through blockchain technologies can have legal effects. According to Law Decree 135/2018 (Decreto Semplificazioni), which was recently confirmed into law by Law 12/2019, technologies based on distributed records can have the same legal effects as electronic time stamps under section 41 of EU Regulation 910/2014. Such effects will be

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Minority Report: The Future of Legal Services and AI

Imagine a future world where mutant beings, called ‘precogs,’ foresee crime before it occurs. Tapping into their collective brainpower, the government’s Precrime Division can apprehend suspects who have not yet committed any offense — though, we are assured, they will. The stuff of science fiction? So far, yes: it’s the plot of a story by

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Implementation of the NIS Directive — Cybersecurity in Poland

On 21 November 2018, Poland’s Council of Ministers adopted the regulation of 31 October 2018 on the thresholds for the recognition of cybersecurity incidents as serious. Adoption of the regulation ended in Poland the process of implementing Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016, which measures are

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Canadian Privacy Commissioner Releases Data Breach Notification Guidance

Canada’s new mandatory breach-notification requirements in the Personal Information Protection and Electronic Documents Act (PIPEDA) took effect on November 1, 2018. Earlier this week, the Canadian Privacy Commissioner released guidance that provides an overview of what companies should know about PIPEDA’s new requirements to (1) report certain breaches to the Privacy Commissioner, (2) notify affected

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Facebook, Cambridge Analytica, and Malaysia’s Personal Data Protection Act

In early April, the world watched as Mark Zuckerberg, Facebook’s chief executive, appeared before the US Congress in Washington DC to answer questions regarding, amongst others, the misuse of Facebook user data harvested by Cambridge Analytica (CA). Despite certain mistaken assumptions that added fuel to the Facebook/CA fire, the furor caused individuals, organizations and agencies

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