Privacy & Information Security Law Blog

As reported on the Hunton Insurance Recovery Blog, data breach claims involving customer data can present an ever-increasing risk for companies across all industries. A recent case illustrates efforts to recover the costs associated with such claims. A panel of the Fourth Circuit confirmed that general liability policies can afford coverage for cyber-related liabilities, and ruled that an insurer had to pay attorneys’ fees to defend the policyholder in class action litigation in Travelers Indemnity Company v. Portal Healthcare Solutions, No. 14-1944. Syed Ahmad, a partner in the Hunton & Williams LLP insurance practice, was quoted in a Law360 article concerning the importance of this decision.

On April 14, 2016, after four years of drafting and negotiations, the long awaited EU General Data Protection Regulation (“GDPR”) has been adopted at the EU level. Following the EU Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ vote earlier this week and the EU Parliament in plenary session, the GDPR is now officially EU law and will directly apply in all EU countries, replacing EU and national data protection legislation.

On April 13, 2016, the Article 29 Working Party (the “Working Party”) published its Opinion on the EU-U.S. Privacy Shield (the “Privacy Shield”) draft adequacy decision. The Privacy Shield was created to replace the previous Safe Harbor framework invalidated by the Court of Justice of the European Union (“CJEU”) in the Schrems decision. The Working Party also published a Working Document on the justification for interferences with the fundamental rights to privacy and data protection through surveillance measures when transferring personal data (European Essential Guarantees).

On April 12, 2016, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs voted to approve the EU General Data Protection Regulation (“GDPR”) by a 54-3 vote, with one abstention. The GDPR replaces Directive 95/46/EC, enacted in 1995, and will significantly change EU data protection laws.

This development clears the way for the European Parliament to rubber stamp the GDPR at a plenary session on April 14, 2016, completing the legislative process for adoption of the GDPR. The GDPR is expected to be published in the Official Journal of the European Union ...

On April 11, 2016, the European Commission launched a public consultation to evaluate and review Directive 2002/58/EC on the processing of personal data and the protection of privacy in the electronic communications sector, also known as the e-Privacy Directive.

Technological advances and the advent of the EU General Data Protection Regulation (“GDPR”) have prompted the European Commission to review the e-Privacy Directive, which was last updated in 2009.

After much debate, the final version of the EU General Data Protection Regulation (“GDPR”) is expected to be adopted by the European Parliament this week and to take effect in early 2018. The GDPR will significantly change EU data protection law in several areas, affecting all businesses in the energy, financial, health care, real estate, manufacturing, retail, technology and transportation industries, among others. To assist in-house lawyers and privacy professionals with understanding the new GDPR and planning ahead for implementation, Hunton & Williams’ Privacy and Cybersecurity practice lawyers have released The EU General Data Protection Regulation, a Guide for In-House Lawyers covering these strategic areas:

On March 30 through April 1, 2016, the 2016 Nuclear Industry Summit meetings took place in Washington D.C. In the nuclear industry, the issue of cybersecurity has grown steadily in importance over the past decade. This has been most apparent in the increasing attention and effort paid to cyber-based threats under the biennial Nuclear Industry Summit and its international meetings.

Team helps companies devise legal strategies to enhance security and mitigate threat risk.

On April 4, 2016, Hunton & Williams LLP announced the formation of a Cyber and Physical Security Task Force to assist companies in minimizing the risks and consequences of a serious security incident. The task force is being led by global privacy and cybersecurity head Lisa Sotto, cybersecurity partner Paul Tiao, and energy partner Kevin Jones, and includes lawyers from a wide range of practice groups within the firm.

On April 6, 2016, the Federal Trade Commission formally welcomed the updated Recommendation on Consumer Protection in E-commerce (the “Recommendation”) issued by the Organization for Economic Cooperation and Development (“OECD”) on March 24, 2016, endorsing the Recommendation’s broadened scope and increased consumer protections that “are designed to strengthen consumers’ trust in the expanding electronic marketplace.”

On March 24, 2016, the Grand National Assembly of Turkey approved the Law on Personal Data Protection, which is Turkey’s first comprehensive data protection legislation. The law will become effective once it is ratified by Turkey’s President and published in the Official Gazette of the Republic of Turkey.