International Labor and Employment Law

Category Archives: Privacy

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What Employers Need to Know about Europe’s General Data Protection Regulation

Proskauer has released a white paper on “What Employers Need to Know about Europe’s General Data Protection Regulation.” As you may know, on April 14, 2016, the European Parliament approved the General Data Protection Regulation (“GDPR”), which will replace the EU’s current data privacy standard and begin to apply on May 25, 2018. This paper … Continue Reading

The Top Ten Things You Should Know About UK Employment Law

What 2016 lacked in employment law changes, it made up with political surprises (Brexit) and sweeping data protection changes (the GDPR). Due to these dynamic changes and in anticipation of what lies ahead, our UK employment team published the Top Ten Things to Know About the UK Employment Law Landscape in 2017. In this briefing, … Continue Reading

Record fine handed to TalkTalk in data protection breach in the UK

As previously reported on our Privacy Blog, TalkTalk, a major UK telecoms company, has been fined  a record breaking £400,000 for a data breach after they were hacked.  This fine, given by the ICO (the UK’s data protection authority), followed an in-depth investigation into an attack by hackers on TalkTalk’s systems where hackers obtained the details … Continue Reading

UK Tribunal Defines Some Limits on Employee Privacy Protections and Expands Anti-Discrimination Rights

Employee’s Privacy Rights European courts continue to grapple with the limits on employee protections under Article 8 of the European Convention of Human Rights.  Article 8 protects a person’s right to respect for their private and family life, and our blog has actively tracked developments on the subject (to review prior rulings, see here, here, … Continue Reading

German Labor Court Allows Review of Employee’s Browsing History

European courts continue to clarify the right of employers to review their employees’ emails. As we discussed previously, the European Court of Human Rights and the National Labor Relations Board of the U.S. have recognized that employers have the right to monitor their employees’ internet communications in order to ensure productivity during work. (To review … Continue Reading

Further Insights: How the Recent Barbulescu Decision Impacts Employers in Europe and the United States

Last month, we blogged about the much discussed ECHR Barbulescu opinion. (To review the implications of the case, please click here.) As a follow up, we wanted to provide further insights to multi-national employers about how this European decision compares to the position in the United States. Purple Communications, Inc.: the United States’ approach to … Continue Reading

European Court of Human Rights Rules Employers Can Read Employees’ Emails

Last month, the European Court of Human Rights (“ECHR”), in the case of Barbulescu v. Romania, issued a ruling about the rights of employers to monitor their employees’ online communications, including those via personal email and social media accounts. The decision has attracted considerable publicity. Many headlines have implied that it gives employers carte blanche … Continue Reading

What U.S. Multinational Employers Need to Know about Background Checks

Employers often run background checks on their applicants and employees in order to protect the workplace and to assemble a good and trustworthy workforce.  For U.S.-based employers with operations overseas, the legal requirements governing the background check process in the United States can vary from the requirements of the process abroad.  This post examines some … Continue Reading

EU Data Privacy Updates

A brief rundown of developments in recent weeks in the area of EU data protection law: EU Data Protection Regulation On Monday, June 15, the EU Council (comprised, for purposes of data protection reform, of the justice ministers from each of the EU member states) reached an agreement on a draft data protection regulation, marking … Continue Reading

How Safe? – The Future of the US-EU Safe Harbor

The US-EU Safe Harbor has been back in the news recently as Germany’s data protection commissioners met at the end of January and expressed impatience at the delay in implementing what many view as necessary reforms to the program. The European Court of Justice also recently heard a challenge to Facebook’s reliance on the Safe … Continue Reading

In The Netherlands And France: Can You Get Away With Insulting Your Boss On Social Media?

This article has been written in cooperation with Stibbe Amsterdam: Judica Krikke and Friederike van der Jagt In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook. In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments are shared on … Continue Reading

International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy

Webinar – Wednesday, October 16, 2013 Program: Proskauer’s Lloyd Chinn will be a panelist at The American Bar Association’s webinar “International Laws Governing Cross Border Discovery, Privilege, Confidentiality and Data Privacy”.  Lloyd and his panel will focus on the significant challenges posed by discovery sought from outside the United States, given the limited scope of … Continue Reading
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