tag:blogger.com,1999:blog-130575552024-03-19T05:13:43.807+02:00van Gaalen Attorneys ICT and IP Law blogThe law blog that focuses on ICT and IP Law in South Africa, EU and the USAVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.comBlogger293125tag:blogger.com,1999:blog-13057555.post-17174003609420715042015-11-23T09:04:00.000+02:002015-11-23T09:04:05.418+02:00UK Expands Right To Be ForgottenThe UK’s Information
Commissioner’s Office has decided that the “right to be forgotten” must be
implemented on any search engine accessible from within the UK, not just the
European versions of those services (such as google.co.uk). This follows
a decision by France’s data protection authority CNIL (Commission Nationale de
l’Informatique et des Libertés) earlier this year ordering Google toVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-67864279071449771412015-09-11T09:14:00.004+02:002015-09-11T09:15:30.183+02:00International (UK): First-tier Tribunal dismisses Optical Express appeal on marketing texts
Although not local - take note of what consent means when you want to use Personal Information for Direct Marketing - the same principle/condition will apply in the RSA as well:
The First-tier Tribunal has
upheld the Information Commissioner’s enforcement notice requiring Optical
Express (Westfield) Limited (Optical Express) to stop sending unsolicited
marketing texts, in contravention of Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-76133009701245585752015-09-04T08:13:00.000+02:002015-09-04T08:13:18.324+02:00Data Protection: How important is it to know what to do if there is a data breach?Grupo
Financiero Banorte, Mexico’s third largest bank, suffered a data breach earlier
this year and is now reportedly being fined 32 million pesos ($1.98 million) by
the Mexican data protection authority, the National Institute of Transparency,
Access to Information and Protection of Personal Data, for failing to inform
all of its clients immediately after the hack occurred. Mexico’s Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-61802956230078223942015-09-04T08:06:00.000+02:002015-09-04T08:09:01.825+02:00International: The Right To Forget Metadata
The UK’s Information
Commissioner’s Office (ICO) has enforced the European cyber law’s “right to be
forgotten” against Google over search results linked to a minor crime committed
by an individual ten years ago. Last month, the ICO released an
enforcement notice ordering the search engine to remove within 35 days nine
links associated with the individual’s crime. In some respects, Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-66248860497603210702015-07-24T10:28:00.000+02:002015-07-24T10:28:12.283+02:00International:Russia Enacts Right To Be Forgotten Law
Russia has enacted a law
requiring search engines to remove website links containing inaccurate,
outdated, or unlawfully released personal information. Much like the
European Court of Justice’s ruling in May 2014 establishing a “right to be
forgotten” in the EU, Federal Law No. 264-FZ allows Russian citizens to request
that search engines remove website links from search results if they Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-69824702674868951002015-07-24T10:25:00.001+02:002015-07-24T10:25:37.376+02:00International: China Seeks To Tighten Control Over Internet With Draft Cybersecurity Law
The Chinese parliament has issued
a draft cybersecurity law aimed at “safeguarding China’s sovereignty over
cyberspace and national security and public interests.” The law outlines
a plan for a multi-level system to prevent unauthorized network access, and
calls for Internet-related industry associations, ISPs, and businesses to
strengthen their cybersecurity standards. It also Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-30134315130517466002015-05-22T11:03:00.001+02:002015-05-22T11:03:33.222+02:00The “EMV Liability Shift” Is Coming (What Merchants Need to Know)Interesting read on EMV liability shift - retailers to take note: http://www.dataprotectionreport.com/2015/05/the-emv-liability-shift-is-coming-what-merchants-need-to-know/
Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-59606271678917401062015-04-24T10:51:00.001+02:002015-04-24T10:51:25.829+02:00International: South Korean Law Promotes, Regulates Cloud Computing ProvidersSouth
Korea has enacted a new cloud computing law that promotes the use of cloud
computing and provides a legal framework for user privacy protection.
Under the Cloud Computing Development and User Protection Act, cloud computing
service providers will have to notify users of any data breach or service
outage, as well as comply with existing personal information protection
laws. The Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-42903956078661339312015-04-24T10:28:00.002+02:002015-04-24T10:28:39.970+02:00International Chamber of Commerce launches new cyber security guide for business
The International Chamber
of Commerce (ICC) has launched a new, free-to-download cyber security guide for
business.
The new guide outlines how
businesses can optimise their ability to identify and manage evolving cyber
security risks. It was written with managers without an IT background in mind
and, as such, adopts a pragmatic and accessible approach to the issues.
Click on link for Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-12487426597575712012015-02-12T09:33:00.002+02:002015-02-12T09:35:02.974+02:00Data protection - App Stores: selling goods without the necessary paperwork?
A group of 23 global data protection authorities has sent a letter to seven of the biggest appstore providers urging them to make the use of privacy policies mandatory for all apps using personal data sold via their platforms.
The letter follows an enforcement sweep by 26 privacy enforcement authorities involved in the Global Privacy Enforcement Network (GPEN) in September 2014, which Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-89322648991651846962015-01-16T11:05:00.001+02:002015-01-16T11:05:35.854+02:00Russia Extends Deadline For Data Localization LawRussian
President Vladimir Putin approved a deadline of September 1, 2015, for
companies to relocate their computer servers containing Russian citizens’ #personalinformation within the country’s borders. The new timeframe for
compliance with Russia’s data localization law was approved last month by both
the upper house of Parliament and the Duma. The Duma had previously passed
a bill Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-85920965905828237372015-01-16T10:58:00.001+02:002015-01-16T10:58:15.143+02:00#eCommerce, #Privacy: Zappos - hacking of personal information
Zappos - to pay $106,000 to settle an investigation of a 2012 hacking incident affecting the personal data of the online clothing retailer’s customers. Under the agreement, Zappos must review its information security policies and train its employees in them, ensure adherence to industry data security standards, and obtain a third-party audit of its practices.
Do you have the Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-4973313712001713582015-01-05T10:46:00.001+02:002015-01-05T10:47:36.865+02:00US: Boston Hospital Settles Data Breach Suit Over Unencrypted Laptop
Beth Israel Deaconess Medical
Center in Boston has agreed to pay $100,000 to settle the Massachusetts
Attorney General’s lawsuit over a 2012 data breach involving the theft of a
physician’s unencrypted laptop. In addition to the financial penalty, the
hospital will also have to revise its data security measures to ensure
compliance with state and federal law. The consent Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-33906981344356817122014-10-07T08:01:00.001+02:002014-10-07T08:01:39.977+02:00Big win for fibre in South Africahttp://mybroadband.co.za/news/telecoms/111056-big-win-for-fibre-in-south-africa.htmlVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-90078264052773366122014-09-25T09:51:00.001+02:002014-09-25T09:54:42.418+02:00Document Management Systems (#DMS) solutions - audit
Paper documents take up space, they are difficult to store and waste time when people have to handle them. Businesses are further faced with more and more electronic communications via #email, #fax2email and social media communications, and all of this needs to be managed effectively.
There is currently a big drive to use technology to manage documents, records and information better, however Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-76665598989954779052014-09-18T21:29:00.001+02:002014-09-18T21:30:43.770+02:00Adobe Breach Victims Have Standing To Sue Based On Risk Of Future Harm
The U.S. District Court for the
Northern District of California has ruled in In Re Adobe Systems, Inc.
Privacy Litigation that customers affected by Adobe’s 2013 data breach have
standing to sue based on the increased risk of future harm caused by hackers
who gained unauthorized access to their personal information. The
decision is in some tension with other court rulings that have Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-73834346659215248432014-08-04T08:45:00.001+02:002014-08-04T08:46:12.899+02:00Guidelines: Application developmentIf you are an App developer and/or owner,take note that the use of the word "free" will be, in terms of android apps (as per comments from Google), be phased out where there are app games that contain in-app purchase. We still await what Apple will do. The Google changes will be implemented during September 2014.Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-39219794139120930002014-06-06T12:37:00.004+02:002014-06-06T12:39:01.245+02:00European Court of Justice rules that internet browsing is not copyright infringement
The ECJ confirmed that the simple browsing of copyright material on a website will not infringe copyright and is the prior authorisation from the copyright owner not required, although reproduction takes place on the end user computer screen and in the internet cache of the computer's hard drive.
The Court ruled that on-screen and cached copies, made by an end-user in the course of viewingVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-90794999839081137232014-06-02T13:45:00.003+02:002014-06-02T13:46:09.564+02:00Google in quandary over upholding EU rulingGoogle and other Internet companies find themselves in a quandary over how to strike a balance between privacy and freedom of information as the top world search engine took a first step towards upholding an EU privacy ruling.
Google moved overnight to put up an online form that will allow European citizens to request that links to obsolete information be taken down – its first Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-15585387242136103982014-05-23T09:26:00.002+02:002014-05-23T09:27:15.832+02:00US: Protection of Personal Information
HHS Announces Record
HIPAA Settlement
New York-Presbyterian
Hospital (NYP) and Columbia University have agreed to pay a combined $4.8
million – the largest HIPAA settlement ever involving a single incident – to
settle charges that they violated the HIPAA Privacy and Security Rules by
accidentally making the electronic protected health information of their
patients accessible to Internet Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-51082430866708848732014-05-21T10:18:00.002+02:002014-05-21T10:19:26.183+02:00EU: Search engine results to be removed where they affect privacy rights
ECJ
confirms right to have search engine results removed where they affect privacy
rights
The ECJ has ruled on three
questions concerning the interpretation of the Data Protection Directive (1995/46/EC)
with regard to the data processing activities of search engine providers, their
status as data controllers and the existence and scope of a right to be
forgotten, in a reference from a Spanish Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-77123858297049146352014-01-24T09:02:00.000+02:002014-01-24T09:03:14.991+02:00Protection of Personal InformationDo you think behavioural
data collected by third party cookies should be considered personal data, even
where it is not connected to information directly identifying an individual?Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-45725347501921852482013-09-19T00:26:00.000+02:002013-09-19T00:26:06.825+02:00Like = freedom of Speech“Liking” something on Facebook is a form of speech protected by the First Amendment, a federal appeals court ruled Wednesday, reviving a closely watched case over the extent to which the Constitution shields what we do onlineVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-75672321307169415662013-09-06T08:47:00.003+02:002013-09-06T08:47:59.157+02:00What Happens In Social Media Stays In Social Media
Nevada has joined the club of
states that bar employers from requiring or requesting that current or
prospective employees provide access to their personal social media
accounts. Twelve other states (Arkansas, California, Colorado, Delaware,
Illinois, Maryland, Michigan, New Mexico, Oregon, Utah, Washington, and, most
recently, New Jersey) have placed similar restrictions on employers.&Van Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0tag:blogger.com,1999:blog-13057555.post-64866617646554393082013-06-03T10:15:00.000+02:002013-06-03T10:15:03.587+02:003D mark as a Trade Mark?TM: You can register a '3D mark' as trade mark, e.g. Coke's 500ml bottle. However, you must be able to demonstrate that its destintive character departed significantly from the norms and customs of the sector. A distinctive character is imperative.For more information contact Gerrie van GaalenVan Gaalen Attorneys (ICT and IP)http://www.blogger.com/profile/14064836848131880934noreply@blogger.com0