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FTC Updates Health Breach Notification Rule

On July 1, 2024, the amendments to the Health Breach Notification Rule (HBNR) went into effect. First promulgated in 2009, the HBNR applies to vendors of personal health records — entities that are not covered by the Health...more

U.S. Protectionism in Health Data Flows

As privacy laws continue to proliferate in the U.S. and globally, there is one trend that companies, especially those operating in the health and pharmaceutical sectors, can no longer overlook. This is the trend towards data...more

Biden Administration Announces New Sensitive Data Restrictions

Overview - On February 28, 2024, the Biden administration released an Executive Order that would restrict “countries of concern” from accessing Americans’ sensitive personal data, including “genomic data, biometric data,...more

So, What’s “Consumer Health Data,” Anyway?

The U.S. privacy landscape has changed rapidly over the past few years. But the most significant recent changes relate to “consumer health data” — health information about identified or identifiable consumers that falls...more

Superior Court of California Prohibits Enforcing CPRA Regulations Until March 2024

On June 30, 2023, the Superior Court of California, County of Sacramento, Judge James Arguelles presiding, issued an order prohibiting the California Privacy and Protection Agency (the Agency) from enforcing regulations...more

Sephora Settles with California AG for $1.2M for Alleged CCPA Violations Relating to Third-Party Cookies and User-Enabled Opt-Out...

On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora for violations of the California Consumer Privacy Act (CCPA). The action places online consumer tracking, analytics and advertising...more

The EU’s Collective Redress Directive — An Analysis of the Interplay with EU General Data Protection (GDPR)

In this fourth alert in our series regarding the European Parliament’s formal endorsement of a new collective actions legislation titled the Directive of the European Parliament and of the Council on Representative Actions...more

Zombie PHR Breach Rule Rises From the Dead

Yesterday, the FTC issued a policy statement announcing a new interpretation of the FTC’s 10-year-old “Personal Health Record Breach Notification Rule.” As the FTC acknowledges, this rule has never been enforced by the FTC....more

New Tools for International Data Transfers: European Commission Adopts New Standard Contractual Clauses

In early June 2021, the European Commission adopted a new set of Standard Contractual Clauses for organizations to use to ensure compliance with the EU General Data Protection Regulation (GDPR) requirements for transfers of...more

Draft Standard Contractual Clauses Released by European Commission: New Clause Cause for Applause?

Following on from this week’s big announcement by the European Data Protection Board (EDPB) on its expectations for international data transfers after the European Court of Justice’s July 16 Schrems II decision, the European...more

European Data Protection Board Issues New Recommendations for International Data Transfers: Essential Guarantees, Supplemental...

On November 11, 2020, the European Data Protection Board (EDPB) issued two much-anticipated guidance documents, outlining the approach it expects organizations to take when transferring data out of the EU. Although these...more

EU Court Issues Landmark Ruling on Transfer of Personal Data Outside European Economic Area

On July 16, the highest court in the European Union (EU), the Court of Justice of the European Union (CJEU), issued a landmark judgment in the case of Data Protection Commissioner v Facebook Ireland Limited, Maximillian...more

FDA Updates: ‘Conduct of Clinical Trials’ During the COVID-19 Emergency Receives Timely Clarifications and Important Additional...

On May 14, 2020, the U.S. Food and Drug Administration (FDA) updated its FDA Guidance on Conduct of Clinical Trials of Medical Products during COVID-19 Public Health Emergency – Guidance for Industry, Investigators, and...more

COVID-19 and the GDPR: Should Employers Conduct Temperature Checks?

New guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) in the United States has advised that employers may measure employees’ body temperature given that the Centers for Disease Control and Prevention...more

FDA Issues Final Guidance on Conduct of Clinical Trials of Medical Products During COVID-19 Pandemic

On March 18, the U.S. Food and Drug Administration (FDA) issued a final guidance titled FDA Guidance on Conduct of Clinical Trials of Medical Products During COVID-19 Pandemic, providing important guidance for industry,...more

Here Come the Proposed CCPA Regulations We’ve All Been Waiting For

After a long wait, the California Attorney General’s (AG) office held a news conference on October 10, 2019, and published proposed regulations implementing the California Consumer Privacy Act (CCPA). Companies gearing up for...more

How We Spent Our Summer Vacation or Summary of CCPA Amendments

The long anticipated amendments to the CCPA were passed by the California Legislature in early September and now await Governor Newsom’s signature. Some of the changes were “clean up” amendments to update cross references,...more

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