This month we’re celebrating Privacy Shield’s first birthday (admittedly, a bit belated) with an update on everything Privacy Shield. There have been a number of developments on the Privacy Shield-front that companies certified or seeking self-certification under Privacy Shield need to know. If you are looking for a quick primer on Privacy Shield, please check out our previous post here. Once you’re ready, read on: Continue Reading Privacy Shield: Year One Updates You Need To Know
If you’re an online publisher or other internet service provider (“ISP”) that relies on moderators to police or curate user-generated comments or other content, your risk of liability for copyright infringement just increased. In a recent opinion, the influential Ninth Circuit Court of Appeals sent shockwaves through the ISP community by ruling that LiveJournal.com, a social media platform, may not be immunized from copyright liability under the Digital Millennium Copyright Act (“DMCA”). The court held that LiveJournal may be liable for infringing content submitted by users of the site because the company relied on paid and volunteer moderators to curate and police the content for substance and possible infringement. The opinion calls into question many widely held assumptions about the scope of DMCA immunity and raises serious concerns for websites that rely on user-generated content, curated by moderators, as part of their business model. The decision represents a sea change in the interpretation of the DMCA for internet media outlets. Here’s what you need to know. Continue Reading Federal Appeals Court Weakens DMCA Safe Harbor Protection for Moderated Online Content
2016 brought important news for any company that transfers across borders, or receives cross-border transfers of, consumer or employee personally identifying data (very broadly defined). On July 12th, the European Commission adopted the so-called “Privacy Shield” mechanism for data transfer between the European Economic Area and the US. US companies that choose to do so were able to self-certify for the Shield beginning August 1, 2016. But while approval of the Shield is welcome news to many companies that relied on the previously invalidated Safe Harbor Framework, not everyone will want to take advantage of it. Alternative data transfer mechanisms still exist. And for some companies the Privacy Shield may ultimately lead to more, not less, risk. Here’s a summary of what you need to consider.