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Safe Harbor European Court Data Protection Ruling
On Oct. 6 of this year, the European Court of Justice (ECJ) gave a very important judgment about EU data protection law in the so-called Schrems case, where it ruled as follows:
- The EU Safe Harbor regime is invalid; and,
- National EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S., and to suspend data transfers if they conclude that the U.S. (or indeed any other jurisdiction outside the EEA) does not provide an adequate level of protection.
All U.S. businesses transferring personal data from the EU need to take note of this judgment and consider what to do as a result.
Background
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.