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Revised Colorado CPA Rules are here: What do you need to know

Colorado Attorney General Phil Weiser has published revisions to the Colorado Privacy Act rules, as well as some additional questions for public feedback. His questions include: What are the pros and cons of using IP...more

What Should Companies Do Following the Draft US Adequacy Decision?

The United States is adequate, at least according to a draft opinion on the EU-U.S. Data Privacy Framework. Here is a look at what the opinion says, and what U.S. companies involved in EU-U.S. transfers should be doing now....more

Make Sure You Have a Good Data Retention Plan. You Need It.

You need a data retention plan. No really. And not just in the European Union. In California too. Commission Nationale de l’Informatique et des Libertés (CNIL) has fined messaging platform Discord 800,000 EUR for (non...more

Deidentification vs Anonymization: What Is Enough?

For deidentification under the traditional laws like HIPAA, removal of identifiers qualifies. That was a key facet of what I discussed last week on an anonymization panel during the IAPP Europe Data Protection Congress...more

Caveat Employer? In the EU and California, Employers Must Beware!

Employers should have in place a process to delete former employees’ information – including public facing information and photos – to meet their retention limitation requirements, according to the Belgian Data Protection...more

Is Everything Sensitive Data?

After the recent Court of Justice of the European Union decision on sensitive inferences that can be drawn from the name of your spouse, it is fair to ask: Is everything sensitive data (special category data)?...more

The New, New, New, New, New CPRA Regs: A Primer

What do you need to know about the changes in the new, new, new, new, new CPRA Regs? 1.your good faith efforts to comply count- 2.data minimization (reasonably necessary and proportionate) for the win, in almost any...more

Colorado Issues Draft Rules to Supplement Privacy Law

Colorado has released draft rules to supplement the Colorado Privacy Act, which was enacted in July 2021. Generally, the rules reflect the obligations that were expected from the use of language similar to that in the...more

7 Things Nordic Companies Should Think About When Doing Business in the US

While speaking recently at the Nordic Privacy Arena in Sweden, I offered Nordic companies seven things they should think about when doing business in the United States. For your reading pleasure: Personal data can’t...more

CJEU Advocate General Issues Opinion on Meta vs. the German Bundeskartellamt

What does the Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case of Meta vs. the German Bundeskartellamt tell us regarding the scope of what constitutes “sensitive information,” “contractual...more

FTC Launches Detailed Notice of Proposed Rulemaking on Commercial surveillance, Data Security

The FTC launched a detailed notice of proposed rulemaking on August 11, 2022 regarding commercial surveillance and data security. The commission also released a fact sheet on commercial surveillance....more

The American Data Privacy and Protection Act Is Now on the House Floor. How Has It Changed?

The Commerce and Energy Committee has voted to send the American Data Privacy and Protection Act (ADPPA) to the House, but not without some changes....more

Beware of Third-Party Trackers Like Meta Pixel. Ignoring Them Could Be Costly.

If you are dealing with sensitive information of any kind (yes, this includes precise geolocation, ethnicity, sexual orientation, etc), but especially health information (and yes, reproductive health information too), do...more

Does Vehicle Service Data “Relate to an Identifiable Individual?” Finland DPA Says It’s Complicated

Does vehicle service data for services performed on a vehicle while owned by a previous owner belong to the new owner and need to be provided as part of a GDPR Access request?...more

What Does the Future of Data Privacy Hold? Some Predictions.

During a recent webinar hosted by The Chicago Bar Association, some other panelists and I made some predictions about the future of data privacy. What is on the horizon?...more

If You Don’t Want It Released to an Employee, Don’t Put It in Your Employee Files

The old saying went that “if you don’t want it on the front page of the newspaper, don’t put it in an email.” Well, if you don’t want to produce it as part of an employee’s Data Subject Access Request (DSAR), it shouldn’t be...more

What Can the California Privacy Protection Agency Learn From Europe?

What can the California Privacy Protection Agency learn from the EU experience as it gets ready to draft regulations regarding DPIAs? Here is a recap of my remarks from the CPRA Regulations Stakeholder Session:...more

Where Is a Transfer? Datatilsynet Says Almost Everywhere!

Let’s say you are an EU company. You engage a processor. Data is processed in the EU. There is no transfer. But in the processor-sub-processor data processing agreement, the data processor reserves the right to disclose...more

Clear & Concise and Everything Nice: What the IMY Decision Means for Your Privacy Notice

What can we learn about disclosures and how to draft privacy notices from the Sweden IMY decision and why is it important for both GDPR companies and CPRA, CDPA, CPA and UCPA companies:... ...more

5 Things to Know About Google Analytics, Transfers and Schrems II

Here are five things you should know about Google Analytics, transfers and Schrems II. 1. Down to Middle Earth We Go Brush up on your J.R.R. Tolkien because Datatilsynet in its new guidance on cloud providers, says you...more

Anonymization Governance: Why It's Important for GDPR and for CPRA

What does the United Kingdom's Information Commissioner's Office's draft guidance say about governance and anonymization? Why is it important for GDPR and for the host of new US Privacy laws, including CPRA, CDPA and CPA? ...more

Busted: Three Myths EU Companies Have About US Privacy laws

Many EU companies have their own ideas on what US Privacy laws mean for the, Here are three of the more common myths out there, busted. Myth 1: I don’t have physical presence in the US so the laws don’t apply to me....more

No Google Analytics for You, Part Trois

The supplemental measures adopted by Google to regulate data transfers within the framework of the Google Analytics functionality are not sufficient to exclude the possibility of access by American intelligence services to...more

For Vehicle Data, GDPR Is Just the Beginning

For vehicle data, GDPR is just the beginning, the German Brandenburg regional government said in a Q&A. Stay tuned for the Data Governance Act. Here are some key points: •Vehicle manufacturers have to observe GDPR when...more

No Cookies for You: DSK TTDSG Guidelines Impose Strict Limitations

The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more

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