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European Data Protection Roundup – January 2021

Debevoise Data Blog

Spanish DPA hands CaixaBank record €6m fine. Only one month after the record-breaking €5m fine against BBVA, the Spanish DPA issued a €6m fine against CaixaBank. The defendants did not target the UK. While Notebooksbilliger.de TalkTalk faces UK post-breach class action suit.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). 1962 (2014). 2014) (collecting cases). 663, 134 S. 3d 120, 124 n.3

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

For example, when a sound recording of a musical work gets played on Spotify, both the owner of the copyright in the musical work and the owner of copyright in the sound recording (the derivative work) are entitled to royalties for the public performance. Fast-forward three decades. Barton Beebe’s empirical work on this topic.

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A New Era of FTC Privacy and Cybersecurity Oversight: Top Ten Things Companies Should Know When Assessing FTC Compliance and Exposure

Debevoise Data Blog

He founded the school’s Center on Privacy & Technology in 2014 and was previously chief counsel to the Senate Judiciary Subcommittee on Privacy, Technology and the Law. To establish individual liability, the FTC must show that the individual defendant participated directly in the illegal practices or had authority to control them.