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Determann’s Field Guide to Data Privacy Law

International Corporate Compliance, Third Edition

Lothar Determann

Companies, lawyers, privacy officers and marketing and IT professionals are increasingly facing privacy issues. While information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society.
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Abbreviations

International Corporate Compliance, Third Edition

Lothar Determann

APECAsia-Pacific Economic Cooperation
Article 29 Working Party Committee of national data protection authority representatives in Europe
CAN-SPAM ActU.S. federal law restricting e-mail advertising
CAPTCHACompletely Automated Public Turing test to tell Computers and Humans Apart; automated challenge-response test to confirm that the response is generated by a person
CBPRCross-Border Privacy Rules
CDACommunications Decency Act (U.S. federal statute with contributory liability privileges for Internet service providers)
CFAAComputer Fraud and Abuse Act (U.S. federal law prohibiting access of computers without authorization)
CNILCommission nationale de l’informatique et des libertés; French data protection authority
COPPAU.S. Children’s Online Privacy Protection Act
CRMCustomer Relationship Management
DPAData protection authority
DPOData protection officer
E-Commerce Directive EU Directive with contributory liability privileges for Internet service providers
EEAEuropean Economic Area (EU member states plus Iceland, Liechtenstein and Norway)
EUEuropean Union
EU Data Protection Directive Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data
EUGeneral Data Protection Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC; effective as of May 2018
FCRAFair Credit Reporting Act
FIP(P)sFederal Information Processing Standards or Fair Information Practices Principles
FTCFederal Trade Commission; U.S. authority tasked with consumer and privacy protection
GDPRSee EU General Data Protection Regulation
GLBGramm–Leach–Bliley Act, a U.S. federal privacy law, a.k.a. ‘Financial Services Modernization Act of 1999’
HIPAAHealth Insurance Portability and Accountability Act, a U.S. federal law of 1996, as amended
HRHuman Resources
HRISHuman Resources Information System, i.e., employee database
IP AddressInternet Protocol Address; a number assigned to each device (e.g., computer, router, server) in a computer network
ISOInternational Organization for Standardization, non-governmental organization where representatives of national standards institutes (some governmental, some private sector entities) of 163 countries coordinate international standards setting
ITInformation Technology
Model clausesSee SCC, Standard Contractual
Clauses
NSANational Security Agency of the
United States
PIIPersonally Identifiable Information
RFIDRadio-frequency identification uses electromagnetic fields to track tags attached to an object, e.g., products at retailers (to prevent theft), livestock and pets, automobiles (for bridge toll payments), etc.
SAS 70Auditing standard, replaced by SSAE 16
SCCStandard Contractual Clauses promulgated by the EU Commission for international data transfers
SOC ReportService Organization Controls Report, under SSAE 16 standard
SOXSarbanes-Oxley Act, federal U.S. law specifying requirements for publicly listed companies in the U.S.
SSAE 16Auditing standard regarding internal controls of service organizations and entities that use service organizations
USA Patriot ActUniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001; federal U.S. law intended to combat terrorism; replaced by the USA Freedom Act, see Paragraphs 2.16 and 5.15
ZIP codesZone Improvement Plan postal codes, used by the United States Postal Service since 1963