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  3. |Data Protection: what you should know about the proposed new Data Protection Regulation without forgetting current legislation

Data Protection: what you should know about the proposed new Data Protection Regulation without forgetting current legislation

Event | 02.20.14, 12:00 AM UTC - 12:00 AM UTC

In January 2012, the European Commission published its proposal for a general Regulation on Data Protection, which would apply directly in all EU Member States.  The new Regulation should replace the current 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 and the various national laws implementing this Directive, such as the Belgian Data Protection Act.

The Commission’s proposal meanwhile has been extensively discussed within the European Parliament and the Council of the European Union.  Although it is currently unclear whether the new Regulation will still be voted before the EU elections in May 2014 or thereafter, we will highlight during this seminar the most important changes that are expected under the new legal framework, such as the increased enforcement mechanism that includes severe financial sanctions.

Meanwhile, one should not forget that this existing legislation is still in place and if the new Regulation will be voted, it will only sort its effects in 2016 or even later.  Hence, whereas companies should definitively start thinking about how they will deal with the new Regulation (start thinking about “Privacy by design”, for instance), they should not forget about their obligations under the current legislation.

Indeed, recent events such as the NSA’s Prism program have made privacy and data protection an increasingly important topic in the media and data breaches may result in negative media attention.  We will provide a few examples of data protection issues under the current legislation that we have encountered in case law or that we have handled for clients.

12:00 pm
Welcome and Lunch

12:30 pm
Program

01:30 pm
Q&A

For more information, please visit these areas: Privacy and Cybersecurity

Participants

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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