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Legal Implications of Blockchain in Supply Chain: What’s Law Got to Do With It?

The advent of new technology brings along with it the murkiness of how the American legal system will treat such technology. Before the rise of blockchain for instance, businesses were uncertain how courts would treat...more

Practical Steps for Organizations to Use the New Standard Contractual Clauses

The European Commission adopted new versions of the Standard Contractual Clauses (SCCs) on June 4, 2021. The new SCCs finally replace the original SCCs adopted under the 1998 European Data Protection Directive (DPD) and did...more

European Commission Approves New Standard Contractual Clauses for Transfer of European Personal Data

Earlier today, the European Commission approved and adopted a new version of the Standard Contractual Clauses (SCCs) that revises how data may be transferred by including additional privacy and legal safeguards. The remodeled...more

European Commission Publishes Draft Standard Contractual Clauses

On November 12, 2020, the European Commission (“EC”) published a draft implementing decision on standard contractual clauses (“SCCs”) for the transfer of personal data to third countries pursuant to the General Data...more

European Data Protection Board Issues Recommendations for Exports of Personal Data From the European Economic Area

As many organizations continue to struggle with the fallout from the July 2020 Schrems II decision from the European Court of Justice (“CJEU”), in November, the European Data Protection Board (“EDPB”) published two pieces of...more

California Voters Pass the California Privacy Rights Act

While the world anxiously awaited the results of the November 2020 U.S. federal elections, California silently passed California Proposition 24, the California Privacy Rights Act (CPRA). Labeled on the ballot simply as...more

Brazilian Government Makes the LGPD Effective Imminently

On August 14, 2018, the Brazilian government approved the Brazilian General Data Protection Law, known as the Lei Geral de Proteção de Dados Pessoais (“LGPD”). Enforcement was set to begin on August 15, 2020 but then, due to...more

European High Court Invalidates EU-U.S. Privacy Shield but Upholds Standard Contractual Clauses with Additional Safeguards

On July 16, 2020, the Court of Justice of the European Union (CJEU) issued its anxiously-awaited judgment in the Schrems II case. The CJEU’s decision upheld the Standard Contractual Clauses (SCCs) but, somewhat surprisingly,...more

California Consumer Privacy Act and General Data Protection Regulation: A Guide to California Businesses

Beginning with the California Online Privacy Protection Act (CalOPPA) in 2004, California has led the U.S. in adopting laws to protect the privacy of its residents. California continued this trend by enacting the California...more

Top European Court Rules Pre-Checked Cookie Consent Boxes Invalid

Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more

California Moves Towards GDPR-like Privacy Protections in the California Consumer Privacy Act of 2018

...On June 28, 2018, California passed AB 375, the California Consumer Privacy Act of 2018 (CCPA), which will become effective January 1, 2020. Introduced just a week earlier in an effort to defeat a much stricter...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Privacy Shield Approved

On July 8, 2016, the Article 31 Committee, comprised of representatives of the European Union (EU) member states, voted to approve a revised Privacy Shield framework that is intended to replace the Safe Harbor framework...more

Privacy Shield Rejected, GDPR Approved - What This Means to Automotive Organizations

The European Union Article 29 Working Party (Article 29) issued an opinion on the proposed EU-U.S. Privacy Shield framework agreement (Privacy Shield) last month, stating that although the Privacy Shield was a “great step...more

To Join or Not to Join: Is the EU-U.S. Privacy Shield Right for You?

With the Article 29 Working Party’s position on the adequacy of the EU-U.S. Privacy Shield framework agreement (Privacy Shield) decision expected this week, U.S. businesses should be evaluating privacy options and preparing...more

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