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China Prohibits Unverified Internet Users to Post Online Comments

On August 25, 2017, the Cyberspace Administration of China (“CAC”) issued the Administrative Provisions for Services concerning Internet Comment Posting (the “Internet Comment Posting Provisions”) and the Administrative Provisions for Services concerning Internet Forums and Communities (the “Internet Forum and Community Services Provisions”), both of which will become effective on …

Draft Cybersecurity Legislation Would Impose Substantial New Obligations on Vendors Selling Interconnected Devices to the U.S. Government

On Tuesday, August 1, 2017, a bipartisan group of four Senators from the Senate Cybersecurity Caucus introduced legislation designed to improve the cybersecurity of devices purchased by the U.S. government and – albeit indirectly – sold anywhere in the U.S. or the world.

The legislation – the “Internet of Things …

How to Use the GDPR as Your Competitive Advantage: Focus on the Carrot, Not the Stick

How to use the GDPR as Your Competitive Advantage: Focus on the Carrot, Not the Stick

Ample bandwidth has been eaten by panicky commentary over the fines possible under the EU’s upcoming General Data Protection Regulation (GDPR). Sure, the GDPR arms EU data protection authorities with a hefty compliance stick. …

The Chinese Government Issues Draft Cybersecurity Regulations to Protect Critical Information Infrastructure

On June 10, 2017, the Cyberspace Administration of China (the “CAC”) released the Draft Regulations on the Security Protection of Critical Information Infrastructure (the “Draft Regulations” 《关键信息基础设施安全保护条例(征求意见稿)》). The CAC is seeking public comments with a deadline of August 10, 2017. The final version will likely be announced soon after that …

Data-Driven Marketing and the GDPR: the Data Brokers’ Conundrum

The digital marketing industry is powered by information about individuals (“personal data”) that pulses through a supply web. As this FTC infographic shows, some industries such as retail, energy, financial services, and health care, have direct relationships with those individuals. Other industries, such as data marketing, generally are at least …

Private Right of Action Under Canadian Anti-Spam Legislation Suspended Indefinitely

On June 7, 2017, the Canadian government announced that it is suspending indefinitely the private right of action provided for by Canada’s Anti-Spam Legislation (“CASL”), which sets forth the country’s regime of disclosures, consent, and unsubscribe requirements for commercial electronic messages and installation of computer programs, which we discuss here

China’s Cybersecurity Regulators Issue Procedural Rules to Strengthen Enforcement Power

For the past several years, the Cyberspace Administration of China (the “CAC”) has risen to a very important status among the Chinese national government’s agencies. However, it lacks a specific procedural law to empower it with specific enforcement actions. Against this background, the CAC issued the Provisions on Administrative Law …

EU Publishes Final Text of GDPR

Enforcement of Europe’s new data protection regime will begin May 25, 2018

On May 4, 2016, the final version of the European Union’s General Data Protection Regulation (“GDPR”) was published in the Official Journal of the EU. The GDPR, which will replace the EU’s current Data Protection Directive, will enter …

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