Posted in Litigation, Privacy

Court Stops Pokémon GO Litigation

US courts are becoming more European.

A plaintiff triggered a lawsuit in Florida against the company behind Pokemon Go (Niantic Inc.) since its T&Cs were “illusory, deceptive, unfair, and/or unconscionable”.

Such privisions gave Niantic the right to unilatrally modify the agreement, to edit or delete one users’s data and similar nice stuff.

Well, the court denied protection to the plaintiff, because:

  • he had not yet suffered a damage (good work on the prevention of it, anyway)
  • the applicable law was the one from California, which could not be unapplied in Florida.

Source

Posted in M&A Law, Privacy

MIND WHAT YOU SUBMIT – €110 MILLION FINE FOR SUBMITTING MISLEADING INFORMATION DURING A MERGER NOTIFICATION

The recent case of Fcebook shaking up data from Whatsapp  is a clear example of a breach following a violation of the EUMR(Merger Revulation), tackling the 1% of the joint turnover of bot companies.

What happened, is that Facebook declared it had no mean to link personal data, while Whatsapp updated Terms introduced this feature. The Commission found that such technology was already available in 2014 and Facebook was aware of it.

Source

Posted in Privacy

Uber’s Firing of 2 In-House Lawyers Raises Questions About Legal Culture

They exploit freelancers/partners and we turned a blind eye on it.

They used the greyball project, and we turned a blind eye on it.

They deployed the “Hell” project, and we turned a blind eye on it.

Their CEO offended drivers and was recorded in camera and we turned ablind eye on it.

They have been condamned for theft of trade secrets and we turned a blind eye on it.

They have been criticised for their culture, fostering secual harassment and unfair rewards.

They unplugged all cables and downed electricity in their offices when authorities raided them and we turned a blind eye on it.

Now it’s the time of firing legal counsels who criticise the data retention policy and the time of three further in-house legals who left the ocmpany after the management tweaked some privacy settings without the due approval of the company.

What’s next, now?

Source

Posted in Privacy

ICO consultation: GDPR consent guidance

The full guidance has to be reported yet, but we can already glance at some principles of the GDPR EU and leaborate on its impact on UK Law:

  • The standard required from the consent is way higher;
  • The consents must also be well informed, unambiguous and communicated through an affirmative action, thus forget about pre-compiled fields and boxes;
  • The consent must also be “granular”, i.e. split according to each different purpose and separate from the T&Cs;

Source