White & Case Technology Newsflash | White & Case LLP International Law Firm, Global Law Practice
White & Case Technology Newsflash

White & Case Technology Newsflash

The Technology Newsflash contains articles and timely updates on the latest technology, outsourcing and privacy legal issues and trends affecting businesses today. We encourage you to visit the site often as it is updated regularly. We welcome any questions about the topics covered here and those relating to our global capabilities.

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Current Issue

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2018 Issue

2017 Issue

2016 Issue

2015 Issue

2014 Issue

2013 Issue

 

Current Issue

Supreme Court Clarifies the Rules for Enforcing Copyrights

On March 4, 2019, the Supreme Court issued two unanimous opinions that clarify when copyright owners can sue for infringement and what costs they can recover from infringers. In Fourth Estate v. Wall-Street.com, the Court held that a copyright owner may file an infringement complaint when the U.S. Copyright Office registers a copyright. In Rimini Street v. Oracle USA, the Court held that that courts cannot make unconstrained cost awards to prevailing parties in copyright cases.

Illinois Supreme Court Rules: "Aggrieved" Person Does Not Require Separate, "Actual" Injury for Biometric Information Privacy Act Claim

On January 25, 2019, the Supreme Court of Illinois held in Rosenbach v. Six Flags Entertainment Corp. that an "aggrieved" person entitled to seek damages and injunctive relief under Illinois' Biometric Information Privacy Act ("BIPA"), need not allege actual or separate injury beyond a violation of the individual's rights under BIPA. BIPA, an Illinois state law, is currently the only biometric privacy law that provides the opportunity for a private individual to bring an action in court. This holding overturns a lower appellate court decision, and aligns with recent holdings in the Northern District of California.

Does your compliance program address UK exposure?

Tech companies of U.S. origin tend to have compliance programs focused on U.S. laws, including the Foreign Corrupt Practices Act (the "FCPA") and relevant tax and labor laws. 

"No deal" Brexit Plan of Action

As the approach of Brexit draws inexorably closer, the continued lack of certainty around what any Brexit withdrawal deal will look like, or indeed whether a deal will be agreed at all, is causing increasing concern among the business community.

The SEC Launches FinHub – New Resource for Public Engagement on FinTech Matters

On October 18, 2018, the US Securities and Exchange Commission (the "SEC" or the "Commission") announced its launch of a new "strategic hub for innovation and financial technology" the Commission is calling FinHub.

Mexican Fintech Law Secondary Regulation Becomes Effective

On September 10, 2018, enabling regulations were published on the Federal Official Gazette to regulate the Law Regulating the Financial Technology Institutions ("Fintech Law").

A Slice of GDPR in California?

The recently passed California Consumer Privacy Act of 2018 (the "CCPA") is set to create significant compliance burdens for most businesses that collect personal information about California residents ("consumers").

Months after Berkheimer and Aatrix: Business as Usual

An early challenge to patent eligibility is a useful tool for any alleged infringer. Because of this, most alleged patent infringers, especially in software cases, begin their defense by considering whether the asserted patent satisfies the requirements of 35 U.S.C. § 101, as interpreted by the Supreme Court's decisions in Mayo and Alice. In a three-year period, between 2014 and 2017, District Courts evaluated patent eligibility in more than 400 opinions and, in many cases, determined ineligibility as a matter of law.

Social sharing and the US Video Privacy Protection Act: Perilous for online video content providers

The Video Privacy Protection Act of 1988 (18 U.S.C. § 2710) ('VPPA') regulates the disclosure of information about consumers’ consumption of video content, imposing prescriptive requirements to obtain consumers’ consent to such disclosure.

Law & Technology: Risks and Opportunities from the Tectonic Forces at Work

Rapid developments in information technology are changing how people work, consume, play and interact. Government policy will influence the direction of technological developments, and laws and regulations will undoubtedly need to change to address the new reality.

Mexican Fintech Law Becomes Effective

On March 10, 2018, the Law regulating Financial Technology Institutions ("Fintech Law") became effective along with certain reforms to other financial laws.

Everything your business should know about the impending GDPR

Businesses need to take a risk-based approach, focusing compliance efforts on their biggest vulnerabilities.

Sign and Submit by February 15, 2018: NYDFS Cybersecurity Certification Due Date Nears as Additional Compliance Requirements Close In

An overview of upcoming certification and compliance requirements under NYDFS Cybersecurity Regulation.

Videos: Why you need cybersecurity risk management

Best practices for incident preparedness and response.

 

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Quicksearch Links

Search for financial technology (fintech)

Search for EU GDPR (European Union General Data Protection Regulation)

Search for EU-US Privacy Shield

See also: California Consumer Privacy Act Guide

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2017 Issue

European Fintech M&A: Key Issues for Strategic Investors

Vendor Risk Management as Applied to Fintech Contracts

European Fintech M&A: Key Issues for Strategic Investors

Vendor Risk Management as Applied to Fintech Contracts

Fintech: Cybersecurity Risk Management for Financial Institutions and Technology Vendors

The Role of Regulation in Financial Innovation: Does Fintech Need Regulation to Flourish?

PSD2 – the EU's Regulatory Response to Innovation in the Payments Sector

In re Micron Tech –Waiver and Improper Venue Challenges Post-TC Heartland

Federal Circuit Weighs In On Limiting Effect of Preambles

Draft Fintech Law bill introduced in Mexico

Employee monitoring – avoiding pitfalls in a changing landscape

eSports coming to the fore for policymakers in Europe

Seeking consent under the General Data Protection Regulation

Blockchain's Steady March to Legitimacy

Compliance Deadline Looms on State Cybersecurity Regulation

Police Body Worn Cameras: What Prosecutors Need to Know

Germany Permits Automated Vehicles

Innovation drives dealmaking: Outlook for M&A in Israel

Car Sharing Act - New Benefits for Car Sharing Offerings in Germany

Supreme Court's Lexmark Decision Exhausts Patents

Officer and director checklist: Complying with the global reach of the New York Department of Financial Services Cybersecurity Regulation

EU regulators welcome stricter rules on cookies and direct marketing

Swiss-U.S. Privacy Shield: Key Similarities, Key Distinctions with the EU-U.S. Approach

Privacy Shield: Recent Developments

The dangers of direct marketing: Seeking consent or asking for trouble?

Subject Access Requests: "not an obligation to leave no stone unturned"

Defamation and data protection claims can be brought in parallel

NYDFS Cybersecurity Regulations Compliance Guide: Applicability, Exemptions and Penalties

NYS Department of Financial Services Cybersecurity Regulation Goes Live: Now What?

Privileged information is generally safe from Subject Access Requests

Data Privacy in a Time of Reaction: "Big Data" versus "The People"

IP addresses and personal data: Did CJEU ask the right questions?

New EU Guidelines on Data Protection Officers

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2016 Issue

Investigatory Powers Act 2016 cast into doubt by new EU ruling

Further Challenges to EU-US Privacy Shield and EU Data Exports

Investigatory Powers Act 2016 becomes law

New DMCA Exemption Allows Consumers to Hack Their Own Vehicles

Cybersecurity Guidelines for Vehicles

Businesses can refuse Subject Access Requests made for the dominant purpose of litigation

UK to implement GDPR regardless of Brexit

Disclosing personal data – new protections for regulated sector firms?

FCC Adopts Privacy Regulations for Broadband Internet Service Providers

EU-US Privacy Shield challenged

Court confirms that IP addresses are personal data in some cases

UK ICO recommends personal liability of directors for breaches of data protection law

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

New York's New Cybersecurity Rules: What Is Required?

UK ICO issues largest ever fine for a data breach

Accelerating the autonomous vehicle revolution

The European Digital Single Market Strategy and Related Copyright Law Implications: The Status Quo

New York Regulators Propose Stricter Cybersecurity Rules

EU: Injunctions against intermediaries available also in the offline world

EU-US Privacy Shield: How to Certify

Federal Circuit Expanding Interpretation of Step Two of the Test for Patent Eligibility

European Court of Justice Strengthens Rights of Authors, Performers and Phonogram Producers

Unlocking the EU General Data Protection Regulation

EU-US Privacy Shield approved

Japan Patent Act Amendment: How to Compensate Inventors Now?

Federal Circuit Provides Guidance on Patent Eligibility Determination

US Supreme Court affirms Federal Circuit on IPR Claim Construction Standard and that IPR Institution Decisions are Final and Non-appealable

Online Traders: New Obligation in EU for Provision of Link to Online Dispute Resolution (ODR) Platform

New threats to transatlantic data flows as Model Clauses come under fire

New Players – Old Rules? The Current Debate on the Regulation of OTT Services in the EU and Germany

Car Wars: The Car of the Future—Legal Aspects in a Connected World

Strict and far-reaching new EU data protection regime comes into force

FCC Proposes Formal Privacy Regulations for Broadband ISPs

IP addresses may be subject to EU data protection laws

Defend Trade Secrets Act: A New Era in Intellectual Property Protection

GDPR published – Enforcement begins on 25 May 2018

Employers vicariously liable for data breaches caused by rogue employees

English court compels investigators to disclose information on data protection grounds

UK 'regulatory sandbox' to foster fintech innovation

Significant concerns from EU Data Protection Authorities may delay the EU-US Privacy Shield

European Parliament approves new EU data protection law

TC Heartland Challenges the Status Quo on Patent Venue

Timeline for new EU-US data transfer mechanism becomes clearer

NHTSA Reflects Willingness of US Regulatory Authorities to Embrace Autonomous Vehicles

No consensus on Privacy Shield following debate on adequacy

France anticipating the GDPR

FTC Settles with Data Brokers in Sale of Consumer Data Used for Illicit Purposes

New deal for transferring personal data from the EU to the US moves a step closer

Bărbulescu v. Romania clarifies an employers' rights to monitor the contents of their employees' private electronic communications

EU Regulatory Agendas: EDPS Priorities 2016 and Article 29 Working Party Work Programme 2016 – 2018

New restrictions on disclosures of personal data to non-EU courts will not apply in the UK

New WP29 Opinion on the application of EU data protection law to non-EU businesses

Safe Harbor is dead, long live Safe Harbor!

International Data Privacy: How to Navigate the Challenges

Texas Takes a Stance Against Patent Trolls

FTC and Wyndham Settle Suit Regarding Wyndham's Alleged Cybersecurity Failures

New EU Directive on the Protection of Trade Secrets to Come

UK and EU Law Enforcement Investigatory and Data Sharing Powers: Developments and International Impact

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2015 Issue

Introduction of new EU General Data Protection Regulation: final stages

EU-wide cybersecurity rules nearing final agreement

The self-driving car – a new legal frontier?

ITC Proposed Amendments to Section 337 Rules

Update 'EU-US Safe Harbor': Statement from the Article 29 Working Party

European Court of Justice invalidates 'EU- US Safe Harbor' pact

Trade Secrets Protection Bill Pending Before the Senate and Judiciary Committee

Transfer of Personal Data Under Japan's Amended Personal Information Protection Act

Court Invalidates Patent Claims After Refusing to Correct Alleged "Typos"

New French Act on Intelligence Services: Impacts on Technical Operators

Telemedicine or just a gadget for fitness addicts? Mobile Health Apps and the law

Europe's Highest Court Recently Delivered a Judgment Imposing Affirmative Duties on SEP Holders

Germany rolls out IT Security Act

Mobile health apps: Are they a regulated medical device?

Disparaging Trademarks and the Constitutionality of Refusing Registration Under the Lanham Act

Rejection of Oracle's claims for copyright infringement against one of its users and condemnation of the practice of aggressive audits

After Sales-Service: Don't Be Misled! — European Court of Justice Rules: Erroneous Information Provided by an Undertaking to a Consumer in the Context of After-Sales Service Is a Misleading Commercial Practice

A significant milestone in the path towards the adoption of the General Data Protection Regulation

House Committee Advances Patent Reforms Aimed to Curb Patent Litigation Abuses

Good-Faith Belief of Invalidity No Longer a Shield for Induced Infringement Claims

Free Wi-Fi: German Court Seeks Clarification in Luxembourg

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

House Passes Cyber Sharing Bills and Congress is Focusing on Data Protection

Council of Europe: Recommendation on the Processing of Personal Data in the Context of Employment

IBM sentenced to pay 6.5 million as contractual damages

Update: Germany's Draft Bill on IT Security

White House Re-Introduces Consumer Privacy Bill of Rights Act

The Supreme Court's New Standard of Appellate Review for Claim Construction

The case law of the German courts of lower instance for patent law and utility model law since the year 2013

President Obama Issues Executive Order on Cybersecurity Information Sharing

UPDATE: German Government Proposes New Law Entitling Consumer Protection Organizations to Enforce Data Protection Law

Developments in Privacy and Cybersecurity Legislation

EU Data Protection – Proposal on Co-Operation Procedure to Harmonize Common Opinions on Contractual Clauses

SDNY Clarifies Scope of Contractual Exclusions of Consequential Damages Under New York Law

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2014 Issue

The Use of First and Last Names as Meta Tags is not Subject to the French Data Protection Act

Are Dynamic IP Addresses "Personal Data"? German Federal Court of Justice seeks advice from the European Court of Justice

California Passes New Data Protection Laws, Effective January 1, 2015

AIPPI's resolution on "IP Licensing and Insolvency": Will this re-ignite legislative initiatives in Germany?

Align by Design: Global Privacy Authorities Weigh in on the Internet of Things

California Passes Student Data Privacy Law

Federal Court Rules Business Method Patent Invalid Post-Alice

Recent Amendments to the Procedure of Personal Data Processing in Russia

Adoption of a new European legal framework applicable to cross-border electronic identification and e-signatures

Massive Online Security Breach – Are You Reactive or Proactive?

The revised PSI Directive – European Commission publishes guidelines on re-use of public sector information

Germany's Draft Bill on IT Security

UPDATE: Germany to Tighten Data Protection Laws: Consumer Protection Associations and Trade Associations shall be Granted Right to take Businesses to Court

Supreme Court Rules Abstract Ideas Implemented on Computer Not Patent-Eligible

New York AG Reports that Data Breaches Cost New York Businesses over $1B Last Year

European Commission's Actions to Better Protect and Enforce Intellectual Property Rights

Supreme Court Issues Ruling on Aereo and the Public Performance Right

German Federal Court of Justice Decides on Deletion of Unused Domains and Typosquatting

Fees for Recording IP Security Agreements with the USPTO and USCO

California Attorney General Issues Privacy Policy Guide

How does French case law deal with bundled software?

California AG Provides Important Guidance on Do-Not-Track Legislation and Disclosures

Copyright Holders Cannot Prevent Links to Freely-Available Content from Being Posted Online

Second Circuit Adopts Plaintiff-Friendly "Discovery Rule" for Copyright Infringement Claims

EU Data Protection – Draft Ad hoc contractual clauses "EU data processor to non-EU sub-processor"

New Bill Would Create a Private Right of Action for Targets of Trade Secret Misappropriation under Federal Law

FCC Warns ISPs May be Regulated as Utilities

Biotronik A.G. v. Conor Medsystems: Be Sure to Expressly Exclude Lost Profits in Drafting New York Law Contracts

Supreme Court Issues Two "High-Octane" Decisions to Address Abusive Patent Litigation Practices

3D Printing—implications on Intellectual Property Rights ("IP rights")

In for a Penny, in for a Pound

Germany's Draft Bill on Combating Late Payment in Commercial Transactions: Potential Consequences for Businesses on Both the Legal and Operational Level

EU High Court Strikes Down Data Retention Law

Cloud Services and Export Control: What You Don't Know Can Hurt You

Anti-Patent Troll Legislation: What is Proposed and What it Could Mean

CNIL Expanded Investigative Powers

Intent-to-Use Trademark Applications and Security Agreements

The Garcia v. Google Controversy and What It Means for Content Owners and Users

Germany to Tighten Data Protection Laws: Consumer Protection Associations shall be Granted Right to take Businesses to Court

Intellectual Property Infringement on the Internet: What Court to Call?

California's Shine the Light Law: A Heightened Pleading Requirement

NIST Issues Cybersecurity Framework

How to Secure Information Systems: The Growing Complexity of the Legal Landscape

Do Not Forget to Lock the Backdoor: Adopting a Holistic Approach to Cybersecurity

Study of the European Parliament on the Protection of Creator's Rights in a Changing Environment

Old Law, New Fit: Evergreen Notice Requirements for IP Service Agreements

Know Your Subcontractors: Recent FTC Settlement Highlights the Importance of Validating Subcontractor Data Protection Practices

US Supreme Court to Review Indefiniteness Standard under Section 112 of the Patent Act

FTC Settles U.S.-E.U. Safe Harbor Complaints Against Twelve Companies

EU Copyright Rules – Changes on the horizon?

Trademark Infringement by Use of AdWords? Legal Risks by Using AdWords Despite European Court of Justice (ECJ) Rulings

Distributing Earnings Call Information to the Public Is Fair Use

The Proposed Directive on Trade Secrets in the EU

The Case Law of the German Courts of Instance (Instanzgerichte) for Patent Law and Utility Patent Law Since the Year 2011

Addition of "No-Charge" Limitation During Prosecution Costs Inventor His Patent

French Courts Ordered to Block and Delist 16 Streaming Websites

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2013 Issue

Federal Judge Rules NSA Data Collection Program Is Likely Unconstitutional

Major Changes to Defamation Law in the UK to Take Effect 1 January 2014

"Perfecting" Security Interests in United States Patents, Trademarks and Copyrights 

Hacking Back: For Now, Be Vigilant Rather Than a Vigilante

Prospects on Germany's Digital Landscape in the Next Four Years: What Does the Coalition Agreement Say on Technology?

Big Data: The Big Picture

Changes in Consumer Law for Distance Contracts in the EU

E-Commerce: Consider the Enhanced Consumer Protection Clauses

Software License Audits – How to prepare, how to react

FTC Denies Application for Proposed Social Network-Based COPPA Consent Verification

In Sourcing and Licensing Agreements Governed by New York Law, Think Twice About a Gross Negligence Carve-out to a Limitation on Liability

The Landgericht Düsseldorf’s (Düsseldorf District Court) decision to refer "LTE standard"

Securing Patent Value for Israeli Medical Technology Companies

CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

Federal Legislation Introduced Regarding Mobile Application Privacy

State court ruling creates new uncertainty for DMCA safe harbors

ECJ dismisses Spanish and Italian challenge to EU-wide unitary patent system, but obstacles remain

The Trademark Clearinghouse: What You Need to Know

Federal Circuit Announces Review of Appellate Standard for Claim Construction

Supreme Court Interprets Copyright "First Sale" Doctrine

Congress Takes Action to Allow Unlocking of Mobile Phones

FTC Announces Settlement with Social Networking App and Issues Staff Report Regarding Mobile Device Privacy Disclosures

President Obama Issues New Executive Order on Improving Cybersecurity

New HIPAA Rule Imposes Data Security and Privacy Obligations Directly Upon Vendors and Contractors of Covered Entities

U.S. Department of Health and Human Services Announces First HIPAA Breach Settlement Involving Fewer than 500 Patients

Amendments to the Economic Espionage Act Broaden Trade Secret Protection

FTC Amends COPPA Rule and Previews Future Enforcement Policies

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