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Data privacy rules in the EU may leave the US behind

The European Union has issued its first fine, cracking down on companies that misuse users’ personal data. Why hasn’t the US taken a similarly strong approach?

Americans use online services in the same way as our European counterparts, and at generally similar rates. And U.S. consumers’ privacy has been harmed by the ever-growing number of data breaches affecting financial institutions, retailers and government targets.

Full article: Data privacy rules in the EU may leave the US behind

Inside Facebook’s fight against European regulation

Dozens of Commission documents show how the tech giant pushed back against rules on issues ranging from copyright to privacy.

On a range of legislation, ranging from privacy protection to copyright reform to rules governing responsibility for illegal content uploaded to internet platforms, the Silicon Valley tech giant’s arguments seem to have fallen flat — as European Union officials moved forward with regulation the company was warning against.

Full article: Inside Facebook’s fight against European regulation – POLITICO

Validity of consent coupled with free online services

The Austrian Data Protection Authority, headed by the chair of the European Data Protection Board (EDPB), provided a clear way forward for advertising-based business models.

Following a complaint against an Austrian newspaper, the Austrian Data Protection Authority decided that the prohibition on making the provision of a service conditional on consent (“coupling prohibition”; Article 7(4) GDPR) can effectively be circumvented by additionally offering a consent-free equivalent service for a reasonable remuneration.

Full article: Validity of consent coupled with free online services – Chair of EDPB opens a path

CCPA: How will new privacy law impact trade with America?

You wait years for data privacy regulations to catch up with current data processing requirements and then, like buses, two arrive at the same time. Many UK organisations may well feel like they have been hit by a bus, given the dramatic impact that the General Data Protection Regulation (GDPR) has had since its implementation in May.

Full article: CCPA: How will new privacy law impact trade with America?

Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data

On December 20, 2018, the Department of Commerce updated its frequently asked questions on the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to clarify the effect of the UK’s planned withdrawal from the EU on March 29, 2019.

The FAQs provide information on the steps Privacy Shield participants must take to receive personal data from the UK in reliance on the Privacy Shield after such time.

Source: Department of Commerce Updates Privacy Shield FAQs to Clarify Applicability to UK Personal Data | Privacy & Information Security Law Blog

US Supreme Court case may have far-reaching privacy implications

A case currently making its way through the Supreme Court’s docket may have far-reaching implications for the future of privacy litigation. The case, Frank v. Gaos , concerns cy pres class action settlements, and the core issue (for which the Court granted certiorari) regards the appropriateness of the cy pres arrangement in the case.

Full article: US Supreme Court case may have far-reaching privacy implications

After GDPR, The New York Times cut off ad exchanges in Europe – and kept growing ad revenue

When the General Data Protection Regulation arrived last year, The New York Times didn’t take any chances.

The publisher blocked all open-exchange ad buying on its European pages, followed swiftly by behavioral targeting. Instead, NYT International focused on contextual and geographical targeting for programmatic guaranteed and private marketplace deals and has not seen ad revenues drop as a result.

Source: After GDPR, The New York Times cut off ad exchanges in Europe – and kept growing ad revenue – Digiday

Battle Lines Forming Ahead of a Looming U.S. Privacy Law Fight

Consumer advocates and the data-hungry technology industry are drawing early battle lines in 2019 in advance of an expected fight over a national privacy law.

On Thursday, more than a dozen privacy organizations unveiled a plan that would create a new federal data-protection agency focused on regulating the way businesses and other organizations collect and make use of personal data, even if aggregated or anonymized.

On the other side, a think tank backed by Google, Amazon, Microsoft and other major tech companies proposed changes that would still give the industry broad authority to collect and use customer data.

Source: Battle Lines Forming Ahead of a Looming U.S. Privacy Law Fight | SecurityWeek.Com

US clash over EU privacy rules stymies European funds

US concerns over EU data protection rules are hindering the ability of European hedge funds to raise money from investors in America, say people familiar with the matter.

EU-based funds that have tried to register with the US Securities and Exchange Commission in recent months have not been able to gain approval because of the regulator’s concerns that the General Data Protection Regulation would stymie its attempts to obtain data from the companies.

Source: US clash over EU privacy rules stymies European funds | Financial Times

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