Instagram now allows users to hide offensive comments posted to their feeds. Take that trolls!

Soon you’ll be able to watch Twitter content like NFL Thursday Night Football on a Twitter app on Apple TV, Xbox One and Amazon Fire TV.

“Ballot selfie” laws—laws that prohibit posting online photos of completed election ballots—are being

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A majority of U.S. adults—62%—now get their news on social media.

An apartment complex in Utah is trying to force its residents to “friend” the complex.

Will

04_21_Apr_SociallyAware_v6_Page_01The latest issue of our Socially Aware newsletter is now available here.

In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we discuss what a company can do to help protect the likes, followers, views, tweets and shares that constitute

Defense lawyers who checked out the Facebook page of a plaintiff suing their client can be prosecuted for attorney misconduct, New Jersey judge rules.

Norwegian band changes its name to avoid “social media censorship.”

Can public agencies control their employees’ social media posts?

Google has complete discretion over whether or not to

The European Commission (the “Commission”) and the U.S. Department of Commerce issued the draft legal texts for the much anticipated EU-U.S. Privacy Shield (the “Shield”), set to replace the currently inoperative Safe Harbor program (“Safe Harbor”). The new agreement is aimed at restoring the trust of individuals in the transatlantic partnership and the digital economy, and putting an end to months of compliance concerns of U.S. and EU companies alike. The draft will be discussed with EU data protection authorities (“DPAs”) and adopted by Member States representatives before it becomes binding.

The publication of the Shield documents, on February 29, 2015, came at a time of high expectations and a certain tension. Last October, the European Court of Justice (the “ECJ”) invalidated the Commission’s decision 2000/520/EC and effectively shut down the Safe Harbor framework, which until then allowed thousands of European companies to send personal information to U.S. companies that had committed to protecting personal information.   As a result, thousands of U.S. and EU companies were suddenly left in a legal limbo.  In response to the risk of enforcement against companies relying on Safe Harbor, and to address the concerns raised by EU DPAs, the Commission announced in early February that a new political agreement had indeed been reached with the U.S. government. It also made good on its promise to make the details of the agreement public by month’s end.

At first glance, the Shield bears a strong resemblance to Safe Harbor, which misled some commentators to denounce it as a mere duplicate in disguise.  However, the Shield introduces substantial changes for data protection, including additional rights for EU individuals, stricter compliance requirements for U.S. organizations, and further limitations on government access to personal data. From the perspective of U.S. companies, it appears that the Shield may actually signify a shift to heavily monitored compliance. In this sense, the question may no longer be “How good is the Privacy Shield for privacy?” but rather “How burdensome will it become for businesses?”

This alert takes a closer look at the Shield and highlights some of the key differences from the Safe Harbor and other available data transfer mechanisms.

Some of the key takeaways include:

  • Safeguards related to intelligence activities will extend to all data transferred to the U.S., regardless of the transfer mechanism used.
  • The Shield’s dispute resolution framework provides multiple avenues for individuals to lodge complaints, more than those available under the Safe Harbor and alternative transfer mechanisms such as Standard Contractual Clauses or Binding Corporate Rules.
  • An organization’s compliance with the Privacy Shield will be directly and indirectly monitored by a wider array of authorities in the U.S. and the EU, possibly increasing regulatory risks and compliance costs for participating organizations.
  • The Department of Commerce will significantly expand its role in monitoring and supervising compliance, including by carrying out ex officio compliance reviews and investigations of participating organizations.
  • Participating organizations will be subjected to additional compliance and reporting obligations, some of which will continue even after they withdraw from the Privacy Shield.

Overview

The Commission made public all the documents that will constitute the new agreement, namely: a draft Adequacy Decision, FAQs, a Factsheet, Annexes detailing the principles and various compliance mechanisms, and a Commission Communication describing the current developments in the broader context of transatlantic discussions of the past few years.

In its press release, the Commission stated that the Shield “reflects the requirements” set by the ECJ in its ruling from October 6, 2015 (the “Schrems ruling”). As a reminder, key concerns of the Schrems ruling included: (1) the indiscriminate and excessive government access to EU citizens’ personal information, and (2) the lack of judicial redress mechanisms for EU citizens for privacy related complaints.

According to the Commission, the Shield will provide for “strong obligations on US companies” as well as “robust enforcement” mechanisms to ensure that such obligations are complied with. It will lay down “clear safeguards and transparency obligations on US government access.” Thirdly, it will ensure effective redress of EU Citizens’ rights by means of “several redress possibilities.” Finally, an annual joint review mechanism will allow the Commission, the U.S. Department of Commerce, and the European DPAs to monitor how well the Shield functions.
Continue Reading Privacy Shield vs. Safe Harbor: A Different Name for an Improved Agreement?

iStock_000048822690_smThe European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller.

On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content and the online sale of goods. In doing so, the Commission is making progress towards one of the main goals in the Digital Single Market Strategy (the “DSM Strategy”) announced in May 2015: to strengthen the European digital economy and increase consumer confidence in trading across EU Member States.

This is not the first time that the Commission has tried to align consumer laws across the EU; its last attempt at a Common European Sales Law faltered earlier this year. But the Commission has now proposed two new directives, dealing both with contracts for the supply of digital content and other online sales (the “Proposed Directives”).

National parliaments can raise objections to the Proposed Directives within eight weeks, on the grounds of non-compliance with the subsidiarity principle—that is, by arguing that that regulation of digital content and online sales is more effectively dealt with at a national level.

Objectives

Part of the issue with previous EU legislative initiatives in this area is that “harmonized” has really meant “the same as long as a country doesn’t want to do anything different.” This time, the Proposed Directives have been drafted as so-called “maximum harmonization measures,” which would preclude Member States from providing any greater or lesser protection on the matters falling within their scope. The Commission hopes that this consistent approach across Member States will encourage consumers to enter into transactions across EU borders, while also allowing traders to simplify their legal documentation by using a single set of terms and conditions for all customers within the EU.

An outline of the scope and key provisions of each of the Proposed Directives, as well as the effect on English law, are summarized after the jump.


Continue Reading Harmonizing B2C Online Sales of Goods and Digital Content in Europe