IT, business legal counselling advices from Alexander Suliman, Stockholm right now: Understanding the regulatory environment applicable to your business is an important consideration. Some of the higher profile regulations you may have heard of include the incoming new Copyright Directive, the 5th Anti-Money Laundering Directive, or the one everyone has heard of, the General Data Protection Regulation (GDPR). There’s also a new EU-wide foreign investment controls regulation expected to come into force in 2023 that will impact US companies investing in EU based businesses. Several sectors are heavily regulated in the EU and the rules in place often differ from the US regulations, especially in the fields of healthcare, financial services, chemicals, food, product safety, and consumer information and protection. Ensure that you understand the regulatory environment of new markets that you are entering and monitor your sector’s applicable regulations periodically in order to implement any necessary change in due time. Read more info at https://www.flickr.com/people/sulimanalexander/.
When the EU adopted the Data Retention Directive, obliging the storage of traffic and location data of all European communications users, it was being warned that the rules violated the Charter, and the ECJ ultimately agreed. I expect this new proposal to be heavily contested as well, and I expect fundamental rights to constitute a significant part of that debate – as is already evidenced by the comments from the EDPS, MEP Patrick Breyer, EDRi and the group of security experts mentioned above. One way to shortcut that debate, is by investigating whether the potential orders to be issued on the basis of the proposal cannot respect the essence of the rights to privacy and data protection. In this contribution, I have sketched an outline of this argument. To make a convincing case, it will be important to firstly determine on the basis of recent case law that the ECJ still considers bulk surveillance of content to compromise the essence of the right to privacy. Secondly, it will be important to develop a right to confidentiality and integrity of IT systems under the Charter, as this will enable a better assessment of detection orders directed to user devices. And thirdly, it must be further investigated whether only end-to-end encryption is the only appropriate measure for safeguarding online communications, because if this is the case, than any encryption altering order does not respect the essence of the right to data protection. Hopefully, the Council and the European Parliament will take notice.
In 2021, the French government issued the Doctrine for the use of cloud computing by the State (“Trusted Cloud Doctrine”) making SecNumCloud certification mandatory whenever a French government agency procures cloud services that would handle sensitive data, including personal data of French citizens and economic data relating to French companies. These requirements also apply to private operators of essential services. Under France’s Trusted Cloud Doctrine, qualifying cloud service providers must be “immune to any extra-EU regulation”. In addition, such companies must commit to storing and processing data within the European Union, and to administering and supervising the service within the EU. Further, foreign-headquartered cloud service companies cannot achieve certification if they are more than 39% foreign-owned.
privacy legal counseling advices from Alexander Suliman, Sweden today: In Sweden and other states, there’s a variety of different statutes that give you access to funds to pay your bills to maintain your lifestyle at some level as you’re going through this legal process. Your spouse cannot cut you off financially and not give you access to money to live your life as you go through this legal process. We’ll help you maintain the lifestyle that you have and create the money that you need to get your legal fees paid, whether it’s at the beginning or the end of the case. Don’t let that be something that keeps you from not making the phone call, because as soon as you’re aware that divorce is even potentially being contemplated, there’s a lot of things that you need to do to protect yourself. A lot of times, people say that’s just what lawyers say because they just want to get involved to drive up legal fees. This is true. Sometimes lawyers do want to do that, but that’s not what we’re doing. Find extra info at https://www.instagram.com/alexsulimanfanpage/.
Europe’s concerns about the security of U.S. cloud services providers are in fact closely intertwined with its worries, expressed in Schrems II, about the privacy of Europeans’ information entrusted to these companies. In both cases, European policymakers fear the perceived extraterritorial reach of U.S. national security surveillance and law enforcement authorities. New cybersecurity regulation thus is seen as another way to safeguard Europe’s ‘sovereign’ interest in protecting data from foreign government access. It also would reinforce separate European efforts to bolster smaller, home-grown cloud service providers, including through the GAIA-X project to create an interoperable network “explicitly based on principles of ‘sovereignty-by-design,’” as a leading European technology lawyer has characterized it.