Digital Information and Records Law

Instant Messaging As Evidence In Spanish Judicial Proceedings

Phone calls and sms (text messages) are becoming less and less common and have, for the most part, been replaced by the use of instant messaging applications. Among these applications, WhatsApp® is the preeminent telecommunications network, although there are many others such as Telegram®, Line®, Hangouts® or Skype®, to name some other popular ones. While

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New York Financial Cybersecurity Requirements Take Effect

On March 1, 2017 the New York State Department of Financial Services’ (NY DFS) Cybersecurity Requirements for Financial Services Companies (the Regulations) went into effect. The Regulations apply to any entity or organization “operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization” under New York (United States) banking

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Malta: Gaming Hot Spot

Malta is “home to a dynamic and thriving gaming industry” according to the president of the International Association of Gaming Advisors. Malta is in the process of reviewing and taking forward its legal framework for gaming following the success of fantasy sports games and skill games over the last ten years. “Skill games” differ from “chance

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EU – U.S. Privacy Shield Update: Are You Certified?

On October 6, 2015, the European Court of Justice declared invalid the Safe Harbor program governing the transfer of personal data for commercial purposes between the European Union and the United States. See our former Global Matters articles on the subject: Evolving Law: The Status Of Data Transfer From The EU; New Framework For Transatlantic

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Privacy Breach Results In Record-Breaking Settlement With U.S. Government

In the United States the privacy and security requirements for personal health information (PHI) are set forth in the Health Insurance Portability and Accountability Act (HIPAA) and its accompanying regulations, as governed by the Department of Health and Human Services (DHHS). See, e.g., Global Matters article Health Information Privacy: An Evolving Minefield. In the largest HIPAA

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Data Flow From The EU: Is It Dead?

Earlier in the month we wrote about the speaking tour of Dr. Dennis Voigt, of member firm Melchers, on the subject of the changes to the EU data transfer Safe Harbor mechanism (article below).  Click here for Dr. Voigt’s presentation on this important topic. Under European Union (“EU”) law, personal data may only be legally

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Patient Information: Avoid Severe Penalties For Disclosure

The federal standards for protecting the privacy of individually identifiable health information is enforced by the United States Department of Health and Human Services (“HHS”). In recently imposing a $750,000 penalty for breach of unsecured electronic protected health information when a laptop bag was stolen from a car, HHS issued a strong statement regarding obligations

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