The California Attorney General’s Office recently released a fourth set of proposed regulatory modifications to the California Consumer Privacy Act (the “CCPA”)....more
On November 4, 2020, California voters approved of the ballot initiative Proposition 24, more commonly known as the California Privacy Rights Act (the “CPRA”). The CPRA goes into effect on January 1, 2023, and will expand...more
On July 16, 2020, the European Court of Justice (Court) ruled in the “Schrems II” case that the one of the most commonly used cross border data transfer mechanisms between the European Union (EU) and the United States (US),...more
7/20/2020
/ 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
As people across the country and world try to figure out how to protect themselves against the spread of coronavirus, hackers are working hard to spread their own viruses....more
On Friday, February 7, 2020, the California Attorney General’s (AG) Office released modified regulations to the California Consumer Privacy Act (CCPA). The modified regulations incorporate amendments to the CCPA signed into...more
2/11/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Welcome to our latest edition of Retail Rap. From influencer marketing to launching a startup and ensuring digital advertising complies with the latest regulations, retail issues are making news—and presenting legal...more
11/21/2019
/ Advertising ,
Brand ,
California Consumer Privacy Act (CCPA) ,
Cookies ,
Cybersecurity ,
Data Protection ,
Distributors ,
E-Commerce ,
Emerging Growth Companies ,
Entrepreneurs ,
Fashion Industry ,
Influencers ,
Internet Retailers ,
Manufacturers ,
Online Advertisements ,
Online Platforms ,
Personal Data ,
Retail Market ,
Retailers ,
Startups ,
Targeted Digital Advertising ,
Venture Capital ,
Web Tracking
For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or...more
10/22/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Request For Information ,
Rulemaking Process ,
State and Local Government ,
Two-Step Verification ,
Verification Requirements
To the surprise of some, the proposed CCPA Regulations issued last Thursday don’t address many of the well-discussed ambiguities under the law (such as what “valuable consideration” means in the context of a sale of personal...more
10/18/2019
/ Attestation Requirements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Notice Requirements ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
The California Attorney General’s Office released its long-awaited proposed CCPA Regulations yesterday. The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including...more
10/11/2019
/ Attorney General ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Information Sharing ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
On September 13, 2019—the last day of the legislative session—California lawmakers approved five amendments intended to clarify the scope of the California Consumer Privacy Act (the “CCPA”), but rejected several...more
9/17/2019
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws. These laws come on the heels of Connecticut’s...more
8/9/2019
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Hackers ,
Incident Response Plans ,
Information Security ,
Information Technology ,
Insurance Industry ,
NAIC ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
State and Local Government ,
State Data Breach Notification Statutes
On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers,...more
For good reason, there has been much discussion about the new privacy rights created by the California Consumer Privacy Act of 2018 (CCPA), which becomes effective January 1, 2020. ...more
11/21/2018
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Private Right of Action
California is once again poised to set the standard for privacy and data security by enacting the first state law directed at securing Internet of Things (IoT) devices. The law has passed the state legislature and is awaiting...more
9/7/2018
/ Connected Items ,
Cybersecurity ,
Data Protection ,
Information Technology ,
Internet of Things ,
Manufacturers ,
Pending Legislation ,
Popular ,
Risk Management ,
Security Standards ,
State and Local Government
With more than double the number of required signatures well ahead of the verification deadline late this month, the citizen-initiated measure "The California Consumer Privacy Act of 2018" appears headed for the statewide...more
The Arizona Legislature has significantly expanded and strengthened the state's data breach notification law. The legislation was signed by Arizona Governor Doug Ducey on April 11, 2018....more
4/18/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
New Legislation ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
State and Local Government ,
State Data Breach Notification Statutes
Given the nearly daily reports of data breaches, ransomware attacks and phishing exploits affecting entities of all sizes, Arizona entities should be aware that Arizona law may require them to provide notice to employees,...more
3/22/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
State and Local Government ,
State Data Breach Notification Statutes
Any entity that does business in these states or maintains confidential information of their residents should monitor the proposed data breach legislation discussed below: Oregon, New York, Alabama, and Rhode Island....more
3/5/2018
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Equifax ,
Hackers ,
Legislative Agendas ,
Personally Identifiable Information ,
Popular ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Data Breach Notification Statutes
The Arizona State Legislature is considering proposed legislation that, if enacted, would significantly change the requirements for how Arizona entities respond to data breaches....more
The Maryland General Assembly recently amended the Maryland Personal Information Protection Act to expand the definition of personal information, provide a 45-day timeframe for providing notice of a breach, allow for...more
The Colorado Division of Securities (Division) has published final cybersecurity rules applicable to broker-dealers and investment advisers. The Colorado Attorney General's office has 20 days to write an opinion on the rules,...more
The Colorado Division of Securities recently issued proposed rules directed at establishing cybersecurity requirements for broker-dealers and investment advisers. The proposed rules were issued only a month after New York...more
The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more
2/3/2017
/ Appeals ,
Class Action ,
Class Certification ,
Credit Cards ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Debit Cards ,
Hackers ,
Identity Theft ,
Personally Identifiable Information ,
Point of Sale Terminals ,
Popular ,
Settlement ,
Target
Colorado Governor John Hickenlooper has signed into law two bills implementing enhanced protections and obligations for entities handling student personally identifiable information and increasing state resources dedicated to...more