Under the GDPR, data controllers are tasked with communicating to data subjects how their data is processed in a way that is both concise and transparent. From a consumer-protection perspective, this is undoubtedly one of the regulation’s more commendable requirements; as many who have drafted website privacy policies understand, there is often tension between the twin goals of concision and transparency. Providing fully transparent disclosure about data-processing activities, while keeping such disclosures brief and easily readable, can be a tricky balance to strike.
One question the GDPR may prompt is whether it makes sense for an organization to maintain separate residency-dependent privacy policies, or a single, all-encompassing policy. There are pros and cons to each, and what works best for a particular organization will often depend on the operational impact of each, as well as the usability of each by the relevant data subjects.
Organizations that treat data-subject information differently depending on its origination point, or that opt not to extend the enhanced protections offered under the GDPR to non-European data subjects, may prefer to maintain separate residency-dependent privacy policies.
In this instance, the benefit is that each policy can be tailored, … Keep reading
Although everyone’s into blockchain and the Internet of Things, believe it or not, there are still plenty of traditional software developers out there, and some of them still distribute physical software under traditional licenses to end users. Many of these vendors are in the midst of migrating their business models to distribution of their software as a service (SaaS), or via related models (platform or infrastructure as a service [PaaS and IaaS], among others). For vendors moving in that direction, there is a tendency to try to shortcut changes to standard license agreements by merely amending existing license terms to refer to SaaS environments. However, that attempt to “make do” with a software license when vendors move to the cloud can lead to potentially significant legal problems down the road.
Commentators on the legal consequences of SaaS distribution of software are quick to point out that a license grant to software provided over the web is probably ill-advised (although that analysis may be over-simplified). Technically, because the software is not installed locally, and users are merely accessing it in the cloud or at a … Keep reading
As the effective date of the General Data Protection Regulation (GDPR) draws near, companies that collect, process, and use data relating to EU citizens need to be thinking proactively about issues they will face under the new directive. This post summarizes the discrete issue of how companies should start to manage data mining and data usage activities. Stay tuned as we continue to keep you updated in this space.
As most are probably by now aware, the GDPR seeks to regulate the use and disclosure of the personal data of all individuals within the 28 EU member states. Though passed into law in May 2016, it does not become enforceable until May 25, 2018. Unlike most privacy regulations in the U.S., the EU defines the term “personal data” broadly—it includes “any information relating to an identified or identifiable natural person (the ‘data subject’).” This means that even the most basic contact information, such as business card details or simply a name and email address, falls under the GDPR’s protections. Public sources of information, such as a residential phone listing, are not exempted from the GDPR’s restrictions.
To legally handle EU personal information harvested from third-party sources after May 25, … Keep reading
With only 100 days to go until the General Data Protection Regulation becomes enforceable on May 25, it is increasingly imperative for organizations that process information relating to an identified/identifiable European person to have a firm grasp on what the regulation entails, as well as any associated impacts on business that can be reasonably expected. Here are seven key questions to ask yourself, your team, or your project manager, to gauge how prepared your organization is to meet the requirements under the GDPR.
An essential prerequisite to developing a GDPR compliance plan is to have a detailed understanding of the lifecycle of the personal data processed by the organization. It is impractical to implement a reasonable GDPR compliance plan if the organization does not thoroughly understand the personal information it processes, how it was collected, where it is stored, and where and to whom it is transferred. The GDPR identifies specific categories of information that it expects organizations to keep records on, with respect to data processing.
Question: What do Sean Combs, J.K. Rowling, LeBron James, Lionel Messi, and Mark Wahlberg have in common? Two things, actually. First, they are all listed on the Forbes 2017 Celebrity 100 List; second, they all have gone to the trouble of registering their personal names as trademarks with the U.S Trademark Office. Indeed, of the first 20 celebrities on this “A” list, 19 have sought registration of their names as trademarks.
Under Federal law, everyone is entitled to seek protection of his or her name as a brand. The Lanham Act expressly provides that:
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it … consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent.
As indicated by the language of the statute, in addition to names, likenesses (portraits) and signatures of individuals are entitled to trademark registration. Several well-known entertainers have taken advantage of this right, including Meryl Streep, Robert De Niro, and Anthony Hopkins … Keep reading
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