Data Law Insights

Data Law Insights

Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery

Frederik Van Remoortel

Frederik Van Remoortel

Frederik Van Remoortel is a senior counsel in the Brussels office of Crowell & Moring and has been admitted at the Brussels bar since 1998. He joined Crowell & Moring in 2001. Frederik focuses on corporate, commercial, and labor & employment law. Since the start of his career in 1998, he also advises clients with respect to Belgian and EU data protection and privacy legislation, an area of law that is gaining more and more significance for domestic and international clients.

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Privacy & Cybersecurity Weekly News Update – Week of October 22

Posted in Cybersecurity / Data Security
FCC adopts privacy rules; Privacy Shield challenge; Amendments to EU data transfer decisions; FTC data breach guidance; DOT vehicle cybersecurity best practices; HHS guidance on HIPAA and FTC compliance FCC approves privacy rules for broadband providers In a 3-2 vote, the Federal Communications Commission approved new rules governing internet service providers’ collection and use of… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of October 15

Posted in Cybersecurity / Data Security
Hospital pays $2.1MM HIPAA settlement; Dynamic IP addresses protected under EU laws; EU guidance on GDPR coming soon; California’s new privacy compliance tool; banking regulators consider cybersecurity; FCC privacy proposal comments; OMB’s new privacy office; DFARS finalizes Safeguarding Rule Hospital pays $2.1M to settle alleged HIPAA violations St. Joseph Health, a California-based health system, reached… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of October 3

Posted in Cybersecurity / Data Security
FCC broadband privacy proposal; Potential challenge to FTC privacy enforcement power FCC to consider broadband privacy proposal On October 6, the Chairman of the Federal Communications Commission (FCC) issued proposed rules that would impose on broadband providers privacy regulations similar to those implemented and enforced by the Federal Trade Commission (FTC).  The proposal calls for… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Health IT, Privacy
Hamburg DPA orders WhatsApp to stop sharing data with Facebook; GAO: HHS Needs to Improve is Digital Health Protection Rules; Notice and Choice Becoming Par for the Course for Interest-Based-Ads in Apps German Data Protection Authority of Hamburg orders WhatsApp to stop sharing data with Facebook On September 27, 2016, the Hamburg Commissioner for Data… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Privacy
NHTSA Issues Voluntary Driverless Car Guidelines; European Privacy Supervisor proposes Digital Clearing House for coherent handling of Big Data cases; Facebook and Power Ventures Battle Over the Scope of the CFAA; Arizona Supreme Court: Police Cannot Search Unlocked, Unattended Phone; German consumer group urges Whatsapp to stop sharing data with Facebook; German DPA issues guidelines… Continue Reading

Privacy & Cybersecurity Weekly News Update

Posted in Cybersecurity / Data Security, Data Breach, Government Agencies, Privacy
Privacy law meets antitrust – EU Commissioner Vestager on data in competition law; ECJ to rule on admissibility of Privacy class actions; Northern District of California Sends Yelp Privacy Suit to the Jury; EU Advocate General finds EU-Canadian PNR pact unlawful; New York Unveils New Cyber Security Rules for Financial Services Organizations; New Jersey Senate… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of September 12

Posted in Cybersecurity / Data Security, Privacy
    HHS Jumps on the Cybersecurity Information Sharing Bandwagon; Third Circuit on Economic Loss as a basis for Negligence Claim; FTC workshop on Ransomware; German draft implementing law for GDPR revealed. HHS Jumps on the Cybersecurity Information Sharing Bandwagon Because of recent news reports confirming that cyberattacks against healthcare agencies have increased 125 %… Continue Reading

Privacy & Cybersecurity Weekly News Update – Week of July 24

Posted in Cybersecurity / Data Security, Data Breach, Privacy
Russians Hack Clinton Campaign System; FTC: LabMD Liable in Data Security Suit; EU Member States issue statement on Privacy Shield; NIS Directive published – Implementation into national law by May 2018; EU Data Protection Supervisor: e-Privacy directive should meet GDPR-requirements. Clinton Campaign Data Breach brings data security into 2016 campaign yet again On July 29,… Continue Reading

EU Court of Justice Advocate General Says Safe Harbor is Invalid

Posted in Cybersecurity / Data Security, Government Agencies, Privacy
A European Court of Justice (ECJ) advocate general released his opinion September 23 in the matter of Maximillian Schrems v. Data Protection Commissioner, a case that questions the “adequacy” of the U.S.-EU Safe Harbor (Safe Harbor). The nonbinding opinion, which will now be considered by the full court in the coming months ruled: (1) that… Continue Reading

Breaking News on New General Data Protection Regulation: Council Agrees on General Approach

Posted in Cybersecurity / Data Security, Data Breach, Privacy, Transnational Discovery
On June 15, 2015, Justice Ministers in the Council reached agreement on a general approach concerning the General Data Protection Regulation (GDPR). This allows the Council to start negotiations with the European Parliament (which formally adopted its compromise text for the GDPR in March 2014) with a view to reaching overall agreement on the GDPR.… Continue Reading

Data Breaches and Data Protection Enforcement: Netherlands and Belgium Not Waiting for New Data Protection Regulation

Posted in Cybersecurity / Data Security, Data Breach, Privacy, Transnational Discovery
The European Commission introduced the draft General Data Protection Regulation (GDPR) in January 2012. The GDPR seeks to harmonize legislation across the EU member states, replacing the 1995 EU Directive and the varying national laws that have implemented this Directive. The European Parliament formally adopted its compromise text for the proposed GDPR back in March… Continue Reading

Belgian Cyber Security Guide

Posted in Cybersecurity / Data Security, Privacy, Transnational Discovery
This morning, I went to a seminar organized by the Belgian Data Protection Authority during which the new “Belgian Cyber Security Guide” was introduced. The guide is an initiative from the ICC Belgium, the Federation of Enterprises in Belgium, B-CCentre (Belgian Cybercrime Centre of Excellence for Training, Research & Education), Isaca, E&Y and Microsoft, with… Continue Reading

What You Should Know About the Changing U.S.-EU Safe Harbor Agreement

Posted in Cybersecurity / Data Security, Information Management, Transnational Discovery
The July 2000 Safe Harbor agreement between the United States and Europe concerning cross-border data flows is one of the key regulatory structures governing how organizations can collect, store, move, and use the massive amount of personal data generated in our interconnected world. Fourteen years after its inception, the agreement is under increasing strain from… Continue Reading

EU Data Protection Rules Might Transform the Internet

Posted in Privacy, Transnational Discovery
With initial approval in the European Parliament civil liberties committee (the so-called LIBE Committee), the EU is moving ahead with overhauling its existing 15-year-old Data Protection Directive, replacing it with the General Data Protection Regulation (GDPR). The European Commission introduced the draft GDPR in January 2012 and seeks to harmonize regulations across the 28 member-states,… Continue Reading

Will We Have a New EU Data Protection Regulation in 2014?

Posted in Cybersecurity / Data Security, Privacy, Transnational Discovery
In January 2012, the European Commission published its proposal for a general Regulation on data protection, which would apply directly in all EU Member States (see our newsletters from February 28, 2012, July 12, 2012, and January 22, 2013). The new Regulation should replace the current Directive 95/46/EC on the protection of individuals with regard… Continue Reading

Apps on Smart Devices and Data Protection: February 27, 2013 Opinion of the Article 29 Working Party Provides Valuable Guidance

Posted in Cybersecurity / Data Security, Information Management, Privacy, Social Media, Transnational Discovery
Apps on mobile devices collect large quantities of data from the device and process these (i) in order to provide services to the end-user, but also (ii) for other purposes that are often unknown or unwanted by the end-user. Many of the data processed, such as location data, contact data, unique device and customer identifiers,… Continue Reading

Privacy and Data Protection: EU Commission’s Proposal For New Data Protection Regulation – Status

Posted in Cybersecurity / Data Security, Privacy, Transnational Discovery
As I have previously written, in January 2012 and July 2012, the EU Commission has proposed a comprehensive reform of existing EU data protection rules, including a draft for a new Data Protection Regulation. This proposal is the subject of the ordinary legislative procedure, which means it is under review by both the Council and… Continue Reading