On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more
Colorado Senate Bill 24-205 (“SB205”), landmark legislation that expressly creates statutory tort liability for AI algorithmic discrimination in the employment context, has passed both houses of the Colorado General Assembly,...more
Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data...more
As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices. These tools can provide great value and efficiency across the...more
3/1/2024
/ Algorithms ,
Artificial Intelligence ,
Bias ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Discrimination ,
Employer Liability Issues ,
Employer Responsibilities ,
General Data Protection Regulation (GDPR) ,
Hiring & Firing ,
Innovative Technology ,
Intellectual Property Protection ,
International Data Transfers ,
Job Applicants ,
Notice Requirements ,
Personal Data ,
Popular ,
Privacy Concerns ,
Regulatory Oversight ,
Risk Management
Employers had a big win in late June 2023 when a trial court in Sacramento enjoined until March 29, 2024, enforcement of the final regulations under the California Privacy Rights Act (CPRA), the only one of 14 recently...more
2/21/2024
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employer Liability Issues ,
Information Governance ,
Personal Data ,
Popular ,
Regulatory Requirements
With the governor’s signing of New Jersey’s privacy law on January 16, 2024, New Jersey became the 14th U.S. state to pass a comprehensive data protection law. This accelerating legislative trend may have employment counsel...more
Multinationals with employees in the People’s Republic of China (PRC) continue to confront a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
Following on the heels of the launch of the EU-U.S. Data Privacy Framework (DPF) this summer, the U.S. Department of Commerce has extended the DPF to cover transfers of personal data from the United Kingdom (UK) (and...more
U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract. This implementation...more
9/25/2023
/ China ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
International Data Transfers ,
Multinationals ,
Personal Information Protection Law (PIPL) ,
Personally Identifiable Information ,
Popular
As of July 17, 2023, U.S.-based multinational employers that can access the personal data of their workforce members in the European Union (EU) via a human resources information system (HRIS), or otherwise transfer the...more
7/20/2023
/ Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Regulatory Reform ,
Regulatory Requirements ,
Schrems I & Schrems II ,
Standard Contractual Clauses
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29,...more
I. Introduction -
A. Artificial Intelligence Arrives in Everyday Life – The Release of ChatGPT -
Generative AI, which is a type of artificial intelligence that can produce or create new content, has already started to...more
Executive Summary -
Widespread economic uncertainty. Evolving workforce expectations. Accelerating use of artificial intelligence (AI). A shifting patchwork of local, state and federal regulations.
Numerous headwinds...more
5/10/2023
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Law Violations ,
Leave of Absence ,
Public Health Emergency ,
Reasonable Accommodation ,
Remote Working ,
State Labor Laws ,
Telecommuting ,
Wage and Hour
This is the fifth in a series of articles about the implications of the California Privacy Rights Act for employers.
The California Privacy Rights Act (CPRA), which goes into effect January 1, 2023, will impose specific...more
In the last few years, a flurry of state privacy legislation has bolstered protections for everything from biometric data to rights of deletion. Location data is no exception. The latest statute, New Jersey’s Assembly Bill...more
This is the second in a series of articles about the implications of the California Privacy Rights Act for employers. -
The California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023, grants six new...more
9/7/2021
/ California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Selling ,
Data-Sharing ,
Human Resources Professionals ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Regulatory Standards
This is the first in a series of articles about the implications of the California Privacy Rights Act for employers. -
The California Privacy Rights Act (“CPRA”) expands employers’ obligations with respect to the privacy...more
Staffing companies and employers using all tools at their disposal to recruit workers may face increased risk following the Ninth Circuit’s recent opinion in Loyhayem v. Fraser Financial. In Loyhayem, the court found that...more
With the enactment of the Colorado Privacy Act on July 7, 2021, Colorado now joins Virginia in transforming the first major state privacy law, the California Consumer Privacy Act (CCPA), from an outlier into what now appears...more
At long last, the European Commission, on June 4, 2021, adopted new Standard Contractual Clauses (“new SCCs”) to permit lawful transfers of personal data from the European Union (EU) to third countries such as the United...more
Executive Summary -
The COVID-19 pandemic required nearly every employer around the globe to take stock of its workforce, policies and practices, and adapt to a rapidly changing and unpredictable environment. COVID-19...more
Less than a year after the California Consumer Privacy Act (CCPA) went into effect, California’s electorate approved a ballot measure that will substantially expand the privacy obligations the CCPA imposes on employers. On...more
11/6/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data-Sharing ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government
California’s governor may soon sign into law a one-year delay of the California Consumer Privacy Act’s (CCPA) full application to human resources data. On August 28, 2020, California’s legislature passed A.B. 1281, which...more
9/4/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
CPREA ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Exemptions ,
Information Governance ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government
With the resurgence of COVID-19 infections across the United States, employers are facing growing pressure to ascertain whether their employees have contracted the virus. Temperature checks and symptoms screening, while...more
8/4/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Data Collection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Personal Data ,
Popular ,
Screening Procedures ,
Virus Testing ,
Workplace Safety
The Court of Justice of the European Union (“CJEU”), on July 16, 2020, invalidated the European Union-U.S. Privacy Shield Framework (“Privacy Shield”), which more than 5,300 U.S. organizations had relied on to lawfully...more
7/21/2020
/ 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 ,
Popular ,
Schrems I & Schrems II ,
Standard Contractual Clauses