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| AMERICAS: UNITED STATES |
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DÉJÀ GOOGLE
Author: Adam Snukal, Reed Smith LLP
Give Google credit that when it announced its acquisition of AdMob, a leading provider of mobile advertising services and technology, in November 2009 it proactively addressed the likelihood of a Federal Trade Commission (FTC) investigation into the transaction. Google even went as far as posting a web page which the media, regulators and other interested parties alike could access that explained why it believed the deal did not pose any “competitive” (note: anti-trust) concerns. Whether it was a self-fulfilling prophesy or just an inevitable step whenever Google makes an acquisition in the digital advertising space, last week Google announced it received a second request for information from the FTC on the AdMob acquisition. 
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| ASIA & PACIFIC: INDIA |
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DATA PROTECTION AND THE IT ACT INDIA
Author: Sharad Vadehra, Kan & Krishme
Data protection law in India is currently facing many problems and resentments due to absence of proper legislative framework. There is an ongoing explosion of cyber crimes on a global scale. The theft and sale of stolen data is happening across vast continents where physical boundaries pose no restriction or seem non-existent in this technological era. India being the largest host of outsourced data processing in the world could become the epicenter of cyber crimes. This is mainly due to the absence of the appropriate legislation. The Data Security Council of India (DSCI) and Department of Information Technology (DIT) must also rejuvenate its efforts in this regard on similar lines. However, the most subtle solution can come from good legislative provisions along with suitable public and employee awareness. It is high time that attention is paid to Data Security in India. Cyber Security in India is missing and the same requires rejuvenation. Data breaches and cyber crimes in India cannot be reduced until strong cyber laws are made.
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| EUROPE, MIDDLE EAST & AFRICA: SOUTH AFRICA |
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DATA PROTECTION LEGISLATION ON THE HORIZON IN SOUTH AFRICA
Author: Danie Strachan, Adams & Adams
There is currently no dedicated legislation in South Africa that deals specifically with data protection, but this situation may soon change. The Protection of Personal Information Bill, 2009 (the “Bill”) was approved by the South African cabinet during 2009.
At the moment, the protection of personal information is, to a limited extent, regulated in other legislation. For instance, the National Credit Act, 2005 has certain provisions dealing with data protection in the specific context of credit and consumer law, whilst the Electronic Communications and Transactions Act, 2002 contains some data protection provisions. |
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