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DSIR Deeper Dive: Absent Legislation, Privacy Regulators Offer Guidance on AI

By now, many of us are using AI, advising others about how to use AI, and waiting for some legislative miracle to give us some guardrails for what we can or cannot be doing with AI. A lot of effort has been put into tracking...more

The New EU-U.S. Data Privacy Framework in Half a Dozen FAQs

On July 10, 1962, NASA launched Telstar 1, the first active communications satellite linking Europe and the United States through live television transmission. Sixty-one years later, on July 10, 2023, the European Commission...more

Money Laundering Concerns Prompt EU Parliament to Approve Privacy-Reducing Crypto Rules

On March 31, 2022, two European Parliament committees - the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs (the “Committees”) - voted in favor of new rules  (the...more

International Data Protection Update - Winter 2021/2022

This Update highlights some of the international data protection issues that caught our attention and the attention of our clients over the winter, including updates on European data transfers and cookie compliance,...more

International Data Protection Update – Summer 2021

This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific - China’s Data Security Law and Personal Information...more

Updated EU Standard Contractual Clauses Are Finally Here

On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data...more

Highly Anticipated SCOTUS Ruling Upends TCPA Landscape

In a landmark decision issued April 1, 2021, the Supreme Court settled a hotly-contested debate over the definition of “automatic telephone dialing system” (or “autodialer”) under the 1991 Telephone Consumer Privacy Act...more

International Data Protection Update – First Quarter 2021

This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

New York Legislature Introduces CCPA Clone with Private Right of Action

The 2021-22 New York State legislative session started off with a bang, featuring nearly a dozen consumer privacy bills introduced in the House and Senate on the opening day. A number of the proposals, including the New York...more

European Authorities Release Back-to-Back Drafts Addressing Cross-Border Data Transfers

Last week, both the European Data Protection Board (EDPB) and the European Commission released highly anticipated draft documents offering guidance to organizations that engage in cross-border data transfers involving EU...more

5 Key Things to Know about the Landmark Schrems II Decision

Quick Links - CJEU Press Release - CJEU Decision - Press Releases from the Parties - Irish Data Protection Commission - Max Schrems - U.S. Department of Commerce - Electronic Privacy Information Center (EPIC) - BSA The...more

Belgian Authority Raises Red Flag for DPOs with Multiple Roles

Following its investigation of a personal data breach, the Belgian Data Protection Authority (DPA) issued a ruling on April 28, 2020, imposing a €50,000 fine on an organization for negligence in having appointed the company’s...more

CCPA Compliance Meets Trade Secret Protection: A Peaceful Coexistence?

Since the California Consumer Privacy Act (CCPA) went live on January 1, 2020, businesses have been working to develop procedures for lawfully complying with requests from California consumers relating to their personal...more

Focus on Children’s Privacy Intensifies as Daily Life Moves Online

With physical schools closed indefinitely, classrooms have moved online, either introducing or significantly expanding children’s use of virtual education technology and highlighting certain privacy concerns. Responding to...more

Following SCOTUS Cert Denial, Facebook Settles BIPA Case for $550 Million

One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s petition for certiorari in Patel v. Facebook....more

CCPA Exceptions: What Qualifies as Activity ‘Wholly Outside’ of California?

Much has been said about the scope of the California Consumer Privacy Act (CCPA) and the far-reaching implications the law will have on businesses throughout the United States. Although it is true that the territorial reach...more

CCPA Amendment Progress Report: July Update

As we reported in April, May and June, a number of potentially significant amendments to the California Consumer Privacy Act (CCPA) continue to make their way through the state legislative process. ...more

EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance on Interplay Between GDPR and ePrivacy Directive

Adoption of the ePrivacy Regulation - Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not be implemented before late 2021....more

In BIPA’s Wake, a Wave of New Biometric Privacy Proposals

Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear...more

What’s In the Box? FTC Solicits Public Comments Regarding Video Game Loot Boxes Amidst Uncertainty

Imagine you are playing golf, badly, and at the fourth hole a caddy appears out of nowhere with a large box and an offer. In exchange for $20, you can open the box, which may contain high-tech clubs to improve your game,...more

Caution: Precertification Communications with Absent Class Members

Are absent members of an uncertified class or Fair Labor Standards Act (FLSA) collective action “parties” and thus “represented” by plaintiff’s counsel? If so, is defense counsel prohibited from speaking with absent class...more

The California Consumer Privacy Act: Frequently Asked Questions

The California Consumer Privacy Act (CCPA) is a comprehensive new consumer protection law set to take effect on January 1, 2020. In the wake of the CCPA’s passage, approximately 15 other states introduced their own CCPA-like...more

Privacy Shield Update: Commission Report, Ombudsperson Deadline, Brexit Guidance

The end of 2018 saw heightened activity surrounding the EU-U.S. Privacy Shield Framework. This blog post provides a news roundup on the following developments: - The European Commission’s (the “Commission”) December 19th...more

Wearables in The Arena: The Shifting Legal Landscape Governing Fitness Trackers in Professional Sports

The use of wearable technology (colloquially known as “wearables”) has been on the radar of athletes, sponsors, sports teams and leagues for years, with the various constituencies carefully balancing the necessity for player...more

[Webinar] GDPR vs. the California Consumer Privacy Act (CCPA) and Handling GDPR Personal Data Breaches - November 1st, 1:00pm ET

In this fourth installment of our GDPR compliance webinar series, we will introduce key concepts in California's strict new privacy law and discuss how the CCPA parallels – and differs from – the GDPR. We'll also take a deep...more

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