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New York Department of Financial Services Issues Final Guidance to Insurers on Using AI and External Consumer Data

Our Privacy, Cyber & Data Strategy Group analyzes important guidance from the NYDFS on how insurers use external consumer data and information sources and artificial intelligence systems....more

More Guidance from HHS on Online Tracking Technologies but Questions Remain

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated...more

White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

The White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be...more

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment....more

Final CCPA Regulations Approved, Effective Immediately

On Friday, August 14, 2020, the California Office of Administrative Law (OAL) approved the California Office of the Attorney General’s (OAG) Final CCPA Regulations (the “Regulations”) and filed them with California Secretary...more

CCPA Carve-Out for Online Advertising? Proposed Amendment Exempts Certain Advertising Data from Do-Not-Sell Restrictions

California passed the California Consumer Privacy Act (CCPA) in September 2018, and the CCPA enters into force on January 1, 2020. One of the CCPA’s core elements is a right for consumers to know when a company is selling...more

On GDPR Day, Austrian DPA issues First Binding DPIA Whitelist

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

100 Days Until GDPR Effective Date – Sharing Our GDPR Experience

In less than 100 days, the General Data Protection Regulation (GDPR) will go into effect. This means that as of May 25, 2018, each national Supervisory Authority will have the authority to apply and enforce the GDPR....more

ECJ Rules against Schrems Class Action, Sets Up Jurisdictional Questions for GDPR Class Actions

In late 2015, the European Court of Justice (ECJ) issued its initial Schrems decision, invalidating the EU/US Safe Harbor and leading to important developments in the rules for transferring personal data from the EU to the...more

Challenge to Privacy Shield Dismissed by EU General Court

In October of last year, we reported that digital rights advocacy group Digital Rights Ireland (“DRI”) had brought an action to annul the EU-U.S. Privacy Shield. DRI filed its challenge before the General Court of the...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 3 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 1 of 5

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

ECJ Declares IP Addresses are Personal Data

Today, the European Court of Justice (ECJ) issued its long-awaited decision in Breyer v. Germany. Breyer addresses the question of whether IP addresses are “personal data” for purposes of EU data protection law. As is...more

EU Commission Publishes Long-Awaited Privacy Shield Citizen’s Guide

Just over two weeks ago, the European Commission formally adopted the US-EU Privacy Shield. As part of making Privacy Shield accessible to EU residents, the Commission has long planned to issue a “Citizen’s Guide” to the...more

EU-US Privacy Shield – FAQs

Today, the European Commission (“EU Commission”) formally approved a new transatlantic framework for the transfer of personal data from Europe to the United States (“U.S.”) (the “Privacy Shield”). Under the EU Commission’s...more

GDPR Published Today, Commencing Two-Year Countdown to Application

One of the most important EU legislative initiatives in recent years, and a landmark in privacy regulation worldwide, the GDPR is set to replace the Data Protection Directive (95/46/EC) of 1995. After the Council of...more

GDPR Approved by Parliament, Set to Become EU Law

Last week, we reported that the Council of Ministers accelerated the timetable for passage of the General Data Protection Regulation (GDPR). The European Parliament followed suit and approved the GDPR this morning. As a...more

Art. 29 Working Party Announces it Will Not Support Privacy Shield at Press Conference

On April 13, 2016, the Article 29 Working Party (“Art. 29 WP”) held a press conference at which it presented its forthcoming opinion on the adequacy of the US-EU Privacy Shield....more

Art. 29 Working Party Issues Formal Opinion Opposing Privacy Shield

Several hours after holding a closely-watched press conference we reported on yesterday, the Article 29 Working Party (“Art. 29 WP”) released its highly anticipated formal opinion on the adequacy of Privacy Shield. Background...more

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