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New EU-US Data Privacy Framework Promises Greater Ease for Cross-Border Transfers, but Uncertainty Remains

On July 10, 2023, the European Commission (EC) adopted its adequacy decision for the EU-U.S. Data Privacy Framework (EU-U.S. DPF, or “Privacy Framework”), which establishes the Privacy Framework as an authorized mechanism...more

Anonymization and the GDPR – Clarity from the European Courts? Not so Fast!

As we’ve written about before, the question of anonymization can be tricky.  When is something “anonymized” or merely “de-identified” or “pseudonymous” — and when does it matter?  This is a particularly fraught issue under...more

Things We Learned at the 2023 IAPP Global Privacy Summit

The International Association of Privacy Professionals held its annual Global Privacy Summit on April 4-5 in Washington, D.C. Here are some things we learned. 1. Generative Artificial Intelligence (“AI”) is Ubiquitous in the...more

The Cybersecurity and Infrastructure Security Agency Tells K-12 Institutions to Start Small, Build Up, and Collaborate to Fight...

With the adoption of new technology, including the quick and unexpected shift to virtual learning because of the COVID-19 pandemic, K-12 institutions are at an increased risk of cyberattacks and threats thereof. The rise in...more

Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses.  This is especially true for those businesses that find themselves in a sometimes new or often...more

'Tis the (Insurance Renewal) Season! What Enhanced Consumer Data Protection Laws Mean for Your Business

As many businesses prepare to renew their insurance policies, considerations of consumer privacy rights ought to be top of mind. The Colorado Privacy Act - Scope - Foley Hoag has previously written about the Colorado...more

Virginia’s New Data Privacy Law: An Uncertain Next Step for State Data Protection

On March 2, 2021, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. This made Virginia the second state to enact a consumer privacy and data security law, and follows hot the heels of...more

EU Considers Significant Regulations for AI

On April 21, 2021, the European Commission released a highly-anticipated proposal for a regulation governing artificial intelligence (AI). The proposal has been drafted by the Commission and its advisers, and plays a central...more

Data Privacy Day Reflections – Compliance, Governance, Ethics (and AI)

January 28 is Data Privacy Day, and on this 14th annual Data Privacy Day, I find myself reflecting on the question of data ethics. Far from being an academic concept, “data ethics” presents a model for data management...more

New Guidelines for EU-US Data Transfers

Last week saw major innovations in the law of data transfer from the European Economic Area (EEA) to other countries, including the United States. This alert covers one of them: new guidelines from the European Data...more

Privacy Shield No Longer Viable Basis for EU-US Data Transfers

On July 16, 2020, the European Court of Justice issued one of its most important decisions on data privacy law (Schrems II), holding that the EU-US Privacy Shield is no longer a viable mechanism for EU-US data transfers under...more

A Spate of Legislative Action Portends a Busy Year in Privacy and Security

The new decade has barely begun, and the world of privacy already seems set to change quickly. Here is a brief overview: New Laws In Effect as of January 1 - On January 1, 2020, new data breach notification requirements...more

Data Scraping, at Home and Abroad

Data scraping is a technique where information on one platform is exported onto another. The practice is widespread and is used for all sort of reasons, like market analysis or advertising. The kind of information located and...more

Beyond the Privacy Policy: Toward Effective Data Governance

Shifting how businesses think about privacy. Let’s stop thinking about privacy policies alone, and let’s start thinking about data governance plans. For the ordinary business trying to generate revenue and minimize risk,...more

Is Your Company Ready for the CCPA?

If you are doing business in California, the way you handle personal data could soon change in significant ways. The California Consumer Privacy Act (“CCPA”) goes into effect on January 1, 2020, and the time to start...more

Minimizing Risk and Liability from Man in the Middle Attacks (or, How to Keep Your Company’s Wire Transfers from Going Awry)

Imagine this scenario: you’ve had a productive and mutually advantageous ongoing contractual relationship of several years with another party. You have built up quite a bit of trust over the years, and communicate regularly...more

Cybersecurity 2019: Data Privacy Trends

In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more...more

Is it weird not to have a privacy policy? (And other thoughts on privacy policy best practices.)

You probably are employed by an organization that has a website privacy policy. I am. That’s because most organizations process personal information through their websites in some way, such as through online forms that ask...more

California Passes New Data Privacy Law With National Implications

The California Consumer Privacy Act of 2018 (the “CCPA”) was signed into law on June 28, 2018. Although it is a state law, it has national and international ramifications. ...more

California Passes New Data Privacy Law With National Implications

The California Consumer Privacy Act of 2018 (the “CCPA”) was signed into law on June 28, 2018. Although it is a state law, it has national and international ramifications. Here are some key aspects to be aware of....more

Cybersecurity, A-Z: C is for CFAA

The Computer Fraud and Abuse Act, or CFAA, is the federal “anti-hacking” statute (or sometimes referred to as a “computer trespass” statute). In essence, the CFAA prohibits intentional unauthorized access into another...more

Cybersecurity News and Notes – June 2016

In Case You Missed It: US and EU officials signed on to the so-called “Privacy Umbrella” deal last week. The agreement is designed to protect the personal data of EU citizens when it is transferred to the US for law...more

Advanced Cyber Security Center Panel Explores Reasonableness in Cybersecurity

I had the pleasure of moderating an excellent panel at the Advanced Cyber Security Center’s annual conference on November 4. The panel’s topic for discussion was “What is Reasonable in Cybersecurity: Responsibility and...more

Cybersecurity and Risk Management: “Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers”

A timely new resource for business executives, technology professionals, and lawyers alike is the newly-published Navigating the Digital Age: The Definitive Cybersecurity Guide for Directors and Officers from the New York...more

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