In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as...more
11/13/2024
/ Benefit Plan Sponsors ,
Compensation & Benefits ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Personal Data ,
Retirement Plan Providers ,
Risk Management
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
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
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
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
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
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
The announcement by Equifax, Inc. that it had been victimized in a hacking incident involving the personal information of 143 million Americans generated headlines this past week. The sheer size of the hack means that most...more
9/18/2017
/ Corporate Counsel ,
Data Breach ,
Equifax ,
EU ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Mitigation ,
State Data Breach Notification Statutes ,
Vendors