This issue of our TMT Bites is dedicated to "privacy case law" and includes interesting contributions and precedents from various jurisdictions. Enjoy and stay tuned for more updates!
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About a recent enforcement decision of the Italian DPA: lessons learned
The Italian Data Protection Authority Autorità Garante per la Protezione dei Dati Personali recently issued a very significant sanction against a telco operator, for certain unlawful personal data processing, mostly related to marketing activities.
The consent dilemma: is an SMS requesting consent to send marketing itself a form of marketing that requires consent? The Italian courts' different view
The Court of Rome was recently asked to address the resolution no. 437 of October 27, 2016 by the Italian Autorità Garante per la Protezione dei Dati Personali regarding the sending of text messages in order to gather the data subjects' consent to processing for marketing purposes.
Very expensive cookies
Important information for those whose websites and applications use tracking mechanisms
Agencia Española de Protección de Datos (AEPD), the Spanish data protection authority, took an important decision which can have bearing on the future of the online advertising sector, the business model of web portals as well as on producers of applications that use tracking mechanisms.
Data Protection – "Proper due diligence"
The UK's data protection regulator, the ICO, intends to fine Marriott International, Inc £99.2 million. This proposed fine arises from a cyber-incident which affected Starwood hotels from 2014 to 2018. Marriott bought Starwood hotels in 2016 while the incident was ongoing.
Recent privacy case law update in China
The recent cases concerning privacy protection and data-related unfair competition in China touch upon a wide variety of novel and yet controversial issues from point of law.
Silent Cyber - Recent court decision considers whether data is insurable tangible property loss
A federal district court has ruled that a property insurance policy could provide coverage for replacement of a business's computer system that was damaged by a cyber-attack, even though the policy did not explicitly address cyber. Insurers and policyholders alike should take note of this decision because it demonstrates what the insurance industry calls "silent cyber" -- where there is cyber-insurance coverage despite the policy not contemplating or being designed to cover those risks. Here, a property insurance policy, which typically only covers tangible property, was interpreted to provide coverage for damage resulting to data and software that are more commonly understood to be intangible property.
ICO imposes maximum pre-GDPR fine on major UK retailer: cybersecurity lessons for retailers (and other organisations)
Last month the Information Commissioner's Office, the UK data protection regulator, imposed a monetary penalty notice of £500,000 on electronics retailer DSG Retail Limited, a company better known by its trading brands, such as Currys PC World and Dixons Travel. DSG is a subsidiary of Dixons Carphone plc.
Digital breakfast Dentons Augmented reality and law
This year Dentons will again take part in the Milano Digital Week and we are delighted to invite you to our event Digital Breakfast @Dentons on "Augmented reality and law". The event will be held in Milan on March 12, 2020.
Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.