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On 25 July 2024, the Institutional Limited Partners Association ("ILPA") published guidance (the "Guidance") on the use of net asset value ("NAV") facilities. The Guidance specifically applies to private equity funds and does...more
On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...more
The Israeli Privacy Protection Authority’s (PPA) recently published position on the monitoring of employees working remotely presents new guidelines and recommendations for employers that are building a system to perform such...more
Welcome to the latest edition of Updata! Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity...more
On September 27, the Food and Drug Administration (FDA) issued two Notices of Proposed Rule Making that would harmonize the FDA’s human subject protection regulations with the Federal Policy for the Protection of Human...more
In recent years, the use of clickbait and dark patterns has attracted the attention and scorn of state legislatures, the Federal Trade Commission (FTC), state attorneys general, consumer advocates and consumers. Three state...more
The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France. Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of...more
On October 2, 2020, the Small Business Administration (SBA) published guidance on when SBA consent must be obtained before a PPP borrower undergoes a change of ownership. It not only covers changes in controlling ownership...more
On Friday, October 2, 2020, the Small Business Administration (“SBA”) issued a Procedural Notice (the “Notice”) providing guidance on the notification and consent requirements for changes in ownership of borrowers of...more
On December 19, 2019, the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Education (DOE) provided new joint guidance on the release of certain student records. In summary, this HHS/DOE release...more
For the first time in over a decade, the U.S. Department of Education (DoE) and the Office for Civil Rights at the U.S. Department of Health and Human Services (OCR) have released updated joint guidance addressing the...more
EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more
Foreword - European data protection laws have made significant strides in the last two decades. Privacy and data protection laws have undergone dramatic changes over the last 20 years, in a race to keep up with technology....more
The Massachusetts Board of Registration in Medicine (“BORIM”) recently finalized revisions to 243 CMR 2.00 (Licensure and the Practice of Medicine). These changes took effect on August 9, 2019. Because of the uncertainty...more
The French Data Protection Authority (the CNIL) has made targeted online advertising a priority topic in its 2019-2020 agenda and has changed its position on cookie consent. Although the ePrivacy Regulation is still being...more
Canada’s new guidelines for obtaining consent under PIPEDA are now in effect. Last year federal Office of the Privacy Commissioner and the Alberta and British Columbia Offices of the Information and Privacy Commissioner...more
• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...more
The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more