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India demands EU data secure nation status but still lacks robust data protection laws

According to a report in the Economic Times of India, the Indian government has demanded that the European Union designate her as a data secure country. The request came in the context of current bilateral free trade agreement negotiations. An Indian government official is reported saying “Recognition as a data…

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Transition Services: Outsourcing in the M&A World

Transition Services Agreements (TSAs) have become common (and more complex) in corporate divestitures, mergers, and spin-offs due to the increasing operational complexity of the environments impacted by these transactions. And if M&A activity increases as expected, despite a slow start in 2012, these agreements will continue to play an important…

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Increased Cybersecurity Activity on the Hill

Since the start of the 112th Congress, there has been a heightened focus on cybersecurity. Congress has not passed new cybersecurity related legislation since 2002 when the Federal Information Security Management Act was enacted. In 2011, the Obama Administration announced its cybersecurity proposal, and a number of bills are currently…

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Counting Down to the EU Cookie Rule for the UK

In 2009, the EU issued Directive 2009/136/EC of the European Parliament. The Directive concerns the ‘regulatory framework for electronic communications networks’ and includes what has come to be known as the “EU Cookie Rule”; the part concerning the use of cookies is just a small part of the whole Directive.…

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Leap Day Review of Recent Developments in Privacy

Given how busy the privacy world has been recently, we thought we’d take this “extra day” to catch up on some of the bigger recent developments: The White House unveiled its Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (see the White House “Fact-Sheet” on the…

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Deadline Approaching For Companies holding Massachusetts Residents’ Personal Data

The last outstanding requirement of the 2010 Massachusetts Data Protection Law relates to third-party service provider compliance and will take effect on March 1, 2012. Section 17.03(2)(f)(2) of the Law mandates that entities holding Massachusetts’ residents’ personal information require their third-party service providers to contractually commit to implementing and maintaining…

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The perils of harmonising terms and condition of employment following a TUPE transfer

Enterprises that undertake serial M&A or outsourcing activity can find themselves with a diverse workforce with differences in pay and other terms and conditions of employment applying to different categories of employees across the business. This can lead to inefficiencies such as the cost of administering different benefit plans as…

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