On December 10, the California attorney general released the fourth set of proposed modifications (Proposed Modifications) to the implementing regulations of the CCPA. These Proposed Modifications come only one month after...more
12/15/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
State Attorneys General
On September 28, California Governor Gavin Newsom signed AB-713 into law, which more closely aligned the California Consumer Privacy Act (CCPA) with the federal Health Insurance Portability and Accountability Act of 1996...more
California voters passed Proposition 24 in last week’s general election to adopt the California Privacy Rights Act of 2020 (CPRA), which amends the California Consumer Privacy Act of 2018 (CCPA) in several ways intended to...more
On October 12, less than a month before California will vote on a referendum that would significantly overhaul the California Consumer Privacy Act (CCPA), the California attorney general released a third set of Proposed...more
10/15/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
Public Comment
Why It Matters -
In order to safeguard their information, health care and life science organizations should remain vigilant in monitoring DHCoE developments and initiatives, including any policy/regulation clarifications...more
10/7/2020
/ Artificial Intelligence ,
Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Digital Health ,
Electronic Health Record Incentives ,
Food and Drug Administration (FDA) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
Machine Learning ,
OCR ,
Security Risk Assessments
On September 28, California Governor Gavin Newsom signed AB-713 into law, which relaxes some of the California Consumer Privacy Act (CCPA) compliance challenges faced by the health care and life science industries — more...more
10/2/2020
/ California Consumer Privacy Act (CCPA) ,
Clinical Trials ,
CMIA ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Exemptions ,
Governor Newsom ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Life Sciences ,
Patient Privacy Rights ,
Privacy Laws
The California Consumer Privacy Act of 2018 (CCPA) went into effect January 1, 2020. While the CCPA was amended in October of 2019 to exempt certain employment and personal information involved in business-to-business (B2B)...more
9/2/2020
/ B2B Organizations ,
B2B Transactions ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Exemptions ,
Policies and Procedures ,
Privacy Policy ,
Public Information
As discussed in a previous advisory, the European Union’s supreme court, the Court of Justice of the European Union (CJEU), invalidated the EU-U.S. Privacy Shield Framework (Privacy Shield) in its July 16, 2020 decision in...more
8/17/2020
/ Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
International Data Transfers ,
Personal Data ,
Standard Contractual Clauses ,
U.S. Commerce Department
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more
8/11/2020
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Personal Information ,
Prior Express Consent ,
Social Media ,
State Attorneys General ,
Web Content Accessibility Guidelines (WCAG) ,
Website Owner Liability
The CCPA Will Not Sleep During COVID-19 Organizations who, just months ago, believed they were not collecting health-related data, or children’s personal information, may now have to revisit those beliefs in light of the...more
The draft of the Official Voter Information Guide for California’s November 3, 2020 General Election has been released for public display and examination before publication and distribution to voters. Included with this...more
7/29/2020
/ Ballots ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Department of Justice (DOJ) ,
General Elections ,
Personal Information ,
Privacy Laws ,
Voter Fraud ,
Voter Registration
On July 16, 2020, the Court of Justice of the European Union (CJEU), the supreme court of the European Union on matters involving European Union law, issued its long anticipated decision in the “Schrems II” case ( case...more
7/21/2020
/ Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Processors ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Ireland ,
Personal Data ,
Personally Identifiable Information ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Enforcement of the California Consumer Privacy Act (CCPA) began July 1, 2020. Our privacy team at Troutman Pepper includes several attorneys who worked in an attorney general’s office. This privacy regulatory team has...more
7/17/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Sellers ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
Businesses awaiting final California Consumer Privacy Act (CCPA) regulations will likely be waiting until after enforcement of the CCPA begins on July 1....more
5/27/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
On May 4, Californians for Consumer Privacy, the organization that sponsored the California Consumer Privacy Act (CCPA) announced that it had submitted enough signatures to put a new privacy law, the California Privacy Rights...more
As we reported in March, the COVID-19 pandemic is being leveraged by malicious cyber actors to make various cybersecurity attacks. ...more
4/21/2020
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Information Technology ,
Malware ,
NCSC ,
Personally Identifiable Information ,
Phishing Scams ,
Ransomware ,
UK
COVID-19’s strain on businesses has prompted the federal and state governments to relax certain regulatory standards. Regardless of the pandemic’s increasing momentum in the United States, and in California particularly, the...more
3/27/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Attorneys General
In July 2019, New York Gov. Andrew Cuomo signed into law the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), which amended New York’s data breach notification law to broaden notification obligations and...more
On February 7, 2020, the California Attorney General released modifications to the proposed regulations implementing the California Consumer Privacy Act (CCPA), the state’s sweeping privacy law that took effect on January 1. ...more
2/18/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
As we have reported previously, the California Consumer Privacy Act (CCPA) will take effect on January 1, 2020. On or before that date, businesses that employ California residents, retain California residents as independent...more
10/29/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
On October 10, the California Attorney General released highly anticipated proposed regulations implementing the California Consumer Privacy Act (CCPA). The CCPA, which takes effect on January 1, 2020, provides California...more
10/14/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Exemptions ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
On September 25, Alastair Mactaggart, a real estate developer and founder and chair of Californians for Consumer Privacy, announced that he formally filed an initiative to appear on the November 2020 ballot, titled the...more
10/7/2019
/ Ballot Measures ,
California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government
On September 13, the final day of its legislative session, the California Legislature approved five amendments to the California Consumer Privacy Act (CCPA), the state’s sweeping new privacy law that takes effect on January...more
9/17/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Request For Information ,
State and Local Government ,
Third-Party Service Provider
While cyberattacks continue to increase in number, health care organizations face some of the greatest risks. According to the Health Sector Coordinating Council (HSCC) — a coalition of industry associations that operates in...more
On September 28, Governor Jerry Brown approved California Senate Bill 327, making California the first state in the country to regulate the security of Internet of Things (IoT) devices. ...more
10/4/2018
/ Connected Items ,
Cybersecurity ,
Data Breach ,
Denial of Service Attacks ,
Internet of Things ,
Manufacturers ,
Mobile Devices ,
New Legislation ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
Security Standards ,
Smart Devices ,
State and Local Government ,
Technology Sector