Category

Data Privacy & Security

Category

COVID-19 will end, that much we know. But when will it end, and what lasting effects will it have on our society remain the pressing questions for all of us. While many questions persist, it is certain that we have yet to see the full effects this global crisis will have on the economy. Many businesses, and perhaps entire industries, will not survive this prolonged shutdown or the changes in consumer behaviors following the exit…

In the weeks and months ahead, contact tracing technologies will play a critical role in the societal fight against COVID-19, and the quest to restore order. A number of recent developments both in the European Union and the United Kingdom offer insight on the regulatory expectations in the widespread use of location data for this new health policy purpose. In this post, we summarise key points from the following UK and EU regulatory guidance, which…

In this episode, Brian Hengesbaugh is joined by Alyssa Auberger, Global Chair of Baker McKenzie’s Consumer Goods & Retail (CG&R) industry group, to discuss how the COVID-19 pandemic has accelerated existing trends and created new ones in the CG&R space. Download and listen to learn: How consumer behavior may be altered and what that means for brandsHow tech will help brands become more effective in the futureAlyssa’s tips for CG&R companies doing business now and…

1. Legal Basis Under Articles 138 and 136 of the General Health Law, the employer is obliged to notify health authorities of suspected and confirmed cases of COVID-19. As a result, the processing of personal sensitive data as health data in the workplace may be necessary. Personal data should be processed for specified and explicit purposes. This means that in order to comply with the obligation relating to health and safety at the workplace, minimum…

Further to our March 25th update and the guidance issued by the Office of Civil Rights (OCR) in late March, OCR has issued an additional Notification of Enforcement Discretion, allowing for enforcement discretion regarding additional uses and disclosures of protected health information (PHI) for public health and health oversight activities during the COVID-19 pandemic. Under the Health Insurance Portability and Accountability Act (HIPAA)’s Privacy Rule, business associates are generally only permitted to use and disclose…

On 15 April 2020 the ICO published a statement on its regulatory approach during the coronavirus pandemic. Recognising that operational and financial pressures caused by the coronavirus may impact organisations’ ability to fully comply with aspects of data protection laws, the ICO has stated it intends to apply an empathetic, “flexible and pragmatic” approach in its enforcement of data protection laws during the crisis, as well as any enforcement under the Freedom of Information Act…

NHSX, the technology and digital unit of the UK’s National Health Service (NHS), recently published its draft Digital Health Technology Standard. The Standard aims to accelerate how digital health technologies (DHTs) are reviewed, commissioned and scaled for use across the wider health and care system, and provides guidance to support digital health technology developers. The Standard is in draft form at the moment, and NHSX are seeking feedback via a short survey until 22 April (although…

In this episode, Brian welcomes back Lothar Determann, partner in our Palo Alto office, to cover the ins and outs of electronic signatures. Download and listen to learn: The benefits of using e-signature over traditional pen and paperExamples of areas of law where e-Signatures may not sufficePractical considerations to be made when choosing to execute a contract via e-signature https://open.spotify.com/episode/3W8oQACNHAorDCh1KdQfLL Related Resources Learning the E-Signature Essentials The Law of E-Signatures in US and Canada How…

Data privacy and data sharing have always been contentious issues, but more so in these times when companies and private citizens are compelled to provide personal information and consumer data to aid in the fight against COVID-19. In TMT Talk’s third episode, Raffaele Giarda, Magalie Dansac Le Clerc and Brian Hengesbaugh tackle the intricacies surrounding the data collection activities of governments around the world. Join us as we continue to provide insights into how the Technology, Media & Telecommunications sector…