Key Takeaways:
- EU-U.S. Privacy Shield Framework invalidated
- Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional...more
7/17/2020
/ Court of Justice of the European Union (CJEU) ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
Facebook ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Risk Management ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Supreme Court Declines to Weigh In on Website Accessibility -
In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,...more
10/11/2019
/ ABC Test ,
Americans with Disabilities Act (ADA) ,
Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Drug Pricing ,
Private Attorneys General Act (PAGA) ,
Public Accommodation ,
Sexual Harassment ,
Title III ,
Wage and Hour ,
Website Accessibility ,
Website Owner Liability ,
Websites
September 13, 2019 marked the last day of California’s 2019 legislative session and, importantly, the last call for any 2019 amendments to the landmark California Consumer Privacy Act (CCPA). In the end, the legislature...more
California Readies for Statewide Extended Producer Responsibility for Pharma Waste -
The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant...more
4/10/2019
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Credit Reporting Act (FCRA) ,
Hazardous Substances ,
Lanham Act ,
Medical Examinations ,
Personally Identifiable Information ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Song-Beverly Credit Card Act ,
Waste ,
Waste Disposal
The Washington Privacy Act would follow California’s CCPA as the second-in-the-nation law of its kind -
Since the passage of the California Consumer Privacy Act (CCPA) in June 2018, over a dozen other states have moved to...more
Newsom’s Six-Month Paid Family Leave Agenda -
Shortly after being sworn in as the new governor of California, Gavin Newsom proposed extending California’s current six-week paid family leave (PFL) to six months. PFL, which...more
In many ways, it was the year of data privacy. In this article, we identify five of the biggest trends in privacy and data security, including the mammoth European Union General Data Protection Regulation (GDPR) taking...more
In state enforcement news, Massachusetts Attorney General Maura Healey announced a settlement with a California-based payment services provider, while New York Attorney General Barbara Underwood reached a deal with five...more
A coalition of industry groups has unveiled a new cyber compliance profile framework specifically for financial institutions, aimed at streamlining regulatory burdens....more
The Four Key Elements of Breach Determination -
Under the Health Insurance Portability and Accountability Act (HIPAA), a breach is defined as “the acquisition, access, use or disclosure of protected health information in a...more
While the California Consumer Privacy Act (CCPA) and subsequent amendments have dominated privacy news lately, some states are enacting data protection legislation that could impact financial institutions and businesses....more
Editor’s Note: Cybercrime Magazine predicts that global ransomware attacks will reach $11.5 billion in 2019 and that ransomware attacks will hit a business every 14 seconds by next year, with a new report revealing that 45%...more
A reminder from the New York Department of Financial Services (DFS): Beginning Sept. 4, all banks, insurance companies and other financial services institutions regulated by the DFS must begin complying with several...more
California Governor Signs Sweeping New Privacy Legislation -
Governor Brown and California legislators enacted far-reaching consumer privacy and data security protections in a deal to avoid a deeply flawed privacy...more
Governor Brown and California legislators enacted far-reaching consumer privacy and data security protections today in a deal to avoid a deeply flawed privacy initiative being placed on the ballot for voters in November....more
Joint News Alert From Manatt's Government and Regulatory and Privacy and Data Security Practices -
On June 21, 2018, California legislators held a briefing to announce that a legislative alternative to a sweeping ballot...more
State legislatures are making their mark with new consumer protection legislation, most notably in Vermont, where the state enacted the first law regulating data brokers, and in Colorado, where lawmakers passed a new privacy...more
Servicemembers Civil Relief Act (SCRA) actions against auto lenders remain popular with the Department of Justice (DOJ), with the agency filing a new complaint in California federal court....more
The Federal Trade Commission (FTC) entered into a Consent Order with an online payment system company, settling charges that its payment and social networking service violated the Gramm-Leach-Bliley Act (GLBA) and related...more
The independent auditor of the Office of Inspector General (OIG) of the Federal Reserve System reported on cybersecurity issues at the Consumer Financial Protection Bureau (CFPB), and the report does not quite fit the picture...more
The time has come for entities regulated by the New York Department of Financial Services to make their first certification of compliance with the regulator’s cybersecurity rules....more
DOJ Expands Opioid Enforcement Efforts Using Data Analytics -
On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug...more
2/7/2018
/ Americans with Disabilities Act (ADA) ,
Constitutional Challenges ,
Cybersecurity ,
Data Breach ,
Department of Justice (DOJ) ,
NLRB ,
Opioid ,
Popular ,
Tax Reform ,
TCPA ,
Termination
Cybersecurity threats are the biggest challenge facing the financial services industry, the Financial Stability Oversight Council (FSOC) declared in its annual report, calling on federal regulators to ensure that banks are...more
The year 2017 saw the number of data breaches grow, and the trend is expected to continue and intensify. From Yahoo’s announcement that three billion of its user accounts were compromised to the Equifax breach and resulting...more
Banks continue to file suit against retailers, hoping to shift the costs of data breaches, with some recent success.
What happened -
In January 2016, hackers accessed Eddie Bauer’s point-of-sale register system and...more