Late today the White House issued its Executive Order significantly enhancing the protection of Americans' bulk sensitive personal data from access by countries deemed as threats. It establishes a comprehensive framework to...more
On December 8, 2023, the EU announced that Parliament and Council negotiators “had reached a provisional agreement on the Artificial Intelligence Act.” Negotiators had been under pressure to resolve differences to maintain...more
Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate...more
Background: The pandemic era ushered in exponential growth in the use of remote capabilities for all areas of life, with one of the most critical being the rise in telemedicine. Along with that expansion came an explosion in...more
One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more
While there is no comprehensive, federal United States law governing privacy, there are several major state laws that are currently in place. To help our clients assess their compliance posture, we have published a quick,...more
3/16/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
In January of 2022, we recommended adding “updating privacy contracts” to your list of New Year’s resolutions. With 2023 around the corner and a number of new privacy laws and regulations going into effect, we have another...more
12/16/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Popular ,
State Privacy Laws
In our second installment of what privacy professionals should know before they start the summer, we provide you with highlights from the draft regulations from the California Privacy Protection Agency (“CPPA”) and...more
It’s been a blazing hot summer and privacy professionals have been sweating to keep up with all of the updates from the last few months. We all knew this was going to be a busy year with updating European data transfer...more
Connecticut’s new privacy law, an Act Concerning Personal Data Privacy and Online Monitoring, also known as the Connecticut Data Privacy Act (“CTDPA”), generally continues the pattern of non-California states enacting...more
State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled...more
Everybody is talking at you about ransomware, but you do not need to hear most of what they are saying, because they are talking about something they have not seen hundreds of times, so they have not been following the rapid...more
Although the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020 and subject to enforcement since July 1, 2020, it seemed until recently that compliance had been somewhat spotty. Well, it’s time...more
Most privacy eyes are currently focused on the new EU Model Clauses and forthcoming U.S. state laws that take effect in 2023. As the summer heats up, however, compliance professionals should look to the western U.S. states of...more
Virginia knocked off California’s crown as the only U.S. state to have a comprehensive, general consumer privacy law when Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“CDPA”) into law on March 2,...more
On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”).
The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more
11/18/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action
Efforts to Delay the LGPD Fail -
As noted by our firm earlier this spring, Brazilian authorities have considered delaying the General Personal Data Protection Law’s (“Lei Geral de Proteção de Dados” or “LGPD”) effective...more
Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the...more
7/22/2020
/ Corporate Counsel ,
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 ,
Personal Data ,
Standard Contractual Clauses
A recent federal district court decision underscores the importance of structuring breach investigations with the attorney work-product doctrine in mind. In In re Capital One Consumer Data Sec. Breach Litig., 2020 WL 3470261...more
With slightly less than one month before the July 1, 2020 enforcement date of the California Consumer Privacy Act (“CCPA”), California’s Attorney General announced on June 2, 2020 that he had submitted the proposed final...more
The alarm bells have been sounding about location tracking, and the state legislatures have been responding. Perhaps the loudest ringing in 2020 is from the Washington Privacy Act, the Senate and House versions of which are...more
It’s us again, back with more operationally-focused pointers on the California Consumer Privacy Act (“CCPA”) now that the music has stopped once more and everybody is looking for a place to sit. On Friday February 7th, the...more
Amanda Witt represented the U.S. on an extraordinary panel in Dublin yesterday in which the participants – leaders in data protection from both sides of the Atlantic – learned from one another and from their national...more
On Friday, September 13th, the California legislature passed several amendments to the California Consumer Privacy Act (“CCPA”), and created a new "data broker" registration law that deserves its own blog post and heightened...more
Poor Richard does get his hoped-for trip to New York today, but not, as many others hoped a few months ago, to examine a new comprehensive privacy law that outdoes the CCPA with the first enactment of the concept of data...more