All posts by Cooley

GDPR – Do I Need Consent to Process Personal Data?

If you are handling personal data of EU citizens, you will need some justification in order to do so. Under the new rules, the basic concept of consent has not changed, nor has its role as a lawful basis for processing personal data: consent remains a possible option. However, the […]

US Supreme Court: Fourth Amendment Applies to Cellphone Tracking

In a landmark Fourth Amendment decision in Carpenter v. United States, delivered on June 22, the Supreme Court addressed the intersection of privacy and law enforcement in the digital age. It held that law enforcement officials must obtain a search warrant based on probable cause in order to compel cellular service providers […]

UK Government Introduces Lower National Security Merger Review Thresholds

Under new measures coming into force on 11 June, the UK government will have greater powers to intervene in mergers that potentially raise national security concerns due to the target’s involvement in military and dual-use technologies and certain categories of advanced computer technology. Such transactions will be reviewable by the […]

A Dark Time for Data: WHOIS Blackout Period Likely Starting in May

What do you do when you want to look up the owner of a domain name? You probably perform a “WHOIS search” to find out the owner’s name and contact information. The WHOIS system, which makes certain domain registration data publicly available, is an invaluable research tool for trademark owners […]

Consumer Protection Enforcement Trends to Watch as New Leadership Takes Over FTC

With new leadership poised to take the helm at the Federal Trade Commission, now is an opportune time to review consumer protection trends and developments to watch over the coming months as the new commissioners get down to business. Who’s Trump putting in charge at the FTC? President Donald Trump’s […]

GDPR: Guidance on Consent Requirements

In December 2017, the Article 29 Working Party released for comment a draft of its guidance on consent under the GDPR. Consent is one of the lawful bases for processing personal data and one of the permitted means by which personal data may be transferred to a third country outside […]

Supermarket Swept Up into Liability of Rogue Employee

The received wisdom was always that the greatest exposures created by a cyber security incident or data breach were the costs of remediation, business disruption and any regulatory fine.  Whilst litigation risk existed, it was generally felt that such losses would only be suffered in the context of a security […]

GDPR: Ready or Not, Here It Comes…

What does the beginning of December mean to you? The start of the holiday season? Well, yes, but it also marks the start of the 6-month countdown to GDPR. Are you ready? According to the latest statistics, 86% of companies (of all sizes in multiple industries) are not – and […]

New Law Heightens Cybersecurity Requirements for Delaware Residents

On August 17, 2017, Governor John Carney signed into law bi-partisan legislation that increases cybersecurity protections for Delaware residents whose personal information may be compromised as a result of a data breach. House Substitute 1 for House Bill 180 (“House Bill 180”), sponsored by Representative Paul Baumbach, is the first piece of […]

DoD Contractors Required to Meet Cybersecurity Requirements by Year End

The window for Department of Defense (DoD) contractors to bring themselves into compliance with cybersecurity requirements is closing. Specifically, changes to the Defense Federal Acquisition Regulation Supplement (DFARS) published in late 2016 require that DoD contractors and subcontractors provide “adequate security” on “covered information systems.” The new rule also imposes […]