Claimed Failure to Disclose GDPR’s Collateral Impact Leads to Class Action Against Nielsen Holdings

In what could be a harbinger of things to come for business models negatively impacted by the throttling of data flow under the European Union’s General Data Protection Regulation (“GDPR”), Nielsen Holdings (“Nielsen”) was named in a putative class action complaint on August 22, 2018, for allegedly misrepresenting the anticipated effects of GDPR on Nielsen’s business model.  Importantly, the class action takes aim not at Nielsen’s ability to comply with GDPR, but rather the effects of GDPR on the big data platforms used by Nielsen.  Nielsen provides consumer market analytics, particularly regarding digital media and e-commerce.  When big data platforms and associated analytic providers began restricting access to consumer data in order to comply with GDPR, it apparently negatively impacted Nielsen’s business model.  Those effects surfaced in Nielsen’s latest Q2 financial report, causing its stock to drop by more than 25 percent, and giving rise to the class action claims.

Financial Industry Groups Should Have a Pulse on the California Consumer Privacy Act of 2018

Financial institutions that are grappling with how the European Union’s General Data Protection Regulation (“GDPR”)may impact their U.S. operations should also be keeping a close eye on the California Consumer Privacy Act of 2018 (“CCPA”).  The CCPA, or Assembly Bill (“AB”) No. 375, which was passed on June 28, 2018 and is set to take effect in 2020, mirrors some GDPR protections by providing California residents greater control over the dissemination of their personal data, including the option of barring companies from selling their data. 

California Unanimously Enacts Comprehensive Digital Privacy Law

Back in 1972, California voters added privacy to the state constitution’s list of inalienable rights. On June 28, 2018, the California Legislature enacted and Governor Brown signed the California Consumer Privacy Act of 2018. The new Privacy Law creates one of the most comprehensive frameworks for regulating digital privacy in the United States. 

Full Akerman: Trump’s attempt to manipulate the justice system is one big obstruction

Recent discussion on MSNBC regarding Trump’s obstruction of justice Tweet containing: Full Akerman: Trump’s attempt to manipulate the justice system is one big obstruction via @Yahoo Watergate special assistant attorney Nick Akerman explains how Trump’s dealings with the Russia probe and justice department show a clear pattern of behavioR.   Watergate special assistant attorney Nick… Read More

My take on Trump and the Mueller investigation in Politico

    Nick Akerman is amazing! I find his insight to be amongst the best. — RunNifRun (@RunNifRun) May 9, 2018 Mueller’s supposed questions released by the White House   Nick Akerman, a former Watergate prosecutor, also said the most interesting questions may not have been included in the set provided to Trump’s lawyers. “The… Read More

My Latest MSNBC Appearance: Stormy Daniels’ Lawyer: Michael Cohen paid by Russian oligarch tied to Putin

  ‘Collusion 101’: Ari Melber Says Russia Payments Could Be Smoking Gun That Takes Down Trump https://t.co/wJ71y8bkuv pic.twitter.com/3FgBzrGWvl — Sarah Reese Jones (@PoliticusSarah) May 9, 2018 My appearance last night with Ari Melber talking about the new revelation about Michael Cohen’s bank accounts.   Michael Avenatti releases new documents alleging Trump lawyer Michael Cohen was… Read More

Proposal for new European ePrivacy Regulation

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that would repeal and replace the existing ePrivacy Directive (2002/58/EC) (“ePrivacy Directive”). The draft regulation aims to further the Commission’s Digital Single Market Strategy by complementing and conforming privacy rules in the telecommunications sector with the General Data Protection

It’s Easier for Employers to Sue for Data Theft

Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data from company computers. The most recent is the U.S. Court of Appeals for the Ninth Circuit’s July decision in U.S. v. Nosal interpreting what it means to access a company computer “without authorization” under the Computer Fraud and Abuse Act (CFAA), the federal computer criminal statute. 18 U.S.C. 1030. The other development is the May amendment to the Economic Espionage Act (EEA), the federal criminal trade secrets act, permitting companies to file a federal civil action against individuals who steal the company’s competitively sensitive data. 18 U.S.C. 1831, et. seq.

China’s New Cybersecurity Law

On November 7, 2016, the Standing Committee of China’s National People’s Congress promulgated the Cybersecurity Law of the People’s Republic of China (hereinafter referred to as the “CSL”) to become effective on June 1, 2017. While the law purports to create an overall national cyber security plan, its provisions, some of which are still vague, create significant potential uncertainties for companies doing business in China.

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