News & Analysis as of May 31, 2025

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Kentucky’s Consumer Privacy Law Is Coming, But on a Slow Track

Mintz on 1/2/2025

To round out this year’s series on new state consumer privacy laws, we are covering the statute passed by Kentucky earlier this year. Please also keep your eye out for our 2024 round-up article that will be published soon, as...more

New EU Data Act: Impact On Data Flows Within And Outside The EU’s Borders

Morgan Lewis on 12/6/2023

The Council of the European Union adopted the Data Act on November 27, 2023. The Data Act, together with the Data Governance Act and EU General Data Protection Regulation (GDPR), as key elements of the broader European data...more

International Data Protection Update - Winter 2021/2022

BakerHostetler on 3/15/2022

This Update highlights some of the international data protection issues that caught our attention and the attention of our clients over the winter, including updates on European data transfers and cookie compliance,...more

What Multinational Companies Need to Know about Collecting Personal Information from Their Employees in China

K&L Gates LLP on 11/12/2021

The Personal Information Protection Law (PIPL), which is considered the first comprehensive law on personal information protection in People’s Republic of China (PRC or China), came into effect on 1 November 2021. Prior to...more

The journey has just begun: China passes its Personal Information Protection Law

Hogan Lovells on 8/27/2021

On 20 August 2021, China’s National People’s Congress passed the Personal Information Protection Law (PIPL). The PIPL has a rapid timeframe for implementation, taking effect on 1 November 2021. The brief transition period...more

Personal Information Protection Law: China’s GDPR Is Coming

Morgan Lewis on 8/24/2021

China’s long-awaited Personal Information Protection Law (PIPL), after two rounds of draft versions, was finally passed by the Standing Committee of the National People's Congress on August 20, 2021, with the law effective...more

China Finalizes Data Security Law to Strengthen Regulation on Data Protection

Jones Day on 6/21/2021

On June 10, 2021, the Standing Committee of the 13th National People's Congress passed the long awaited People's Republic of China (China) Data Security Law ("DSL") after a final read of the third draft. The DSL, which takes...more

New European Standard Contractual Clauses Are Not ‘Set and Forget’

Morgan Lewis on 6/15/2021

Importers of EU data will need to analyze each data transfer for compliance with the new Standard Contractual Clauses; solely relying on data subjects’ consents may not be sufficient. Since the European Court of Justice...more

European Commission Adopts New Service Providers Standard Agreement (Controller-Processor SCCs)

Mintz - Privacy & Cybersecurity Viewpoints on 6/9/2021

The new standard agreement for service providers (which we’ll refer to as the Controller-Processor SCCs) adopted by the European Commission on June 4th was understandably a bit overshadowed by the release on the same date of...more

The European Commission issues Schrems II-proof Standard Contractual Clauses to allow global dataflows

Hogan Lovells on 6/4/2021

Following the coming into effect of the GDPR three years ago and in light of last year’s Schrems II decision, the European Commission has adopted a new set of Standard Contractual Clauses (SCCs) aimed at enabling lawful...more

The Virginia Consumer Data Protection Act: Top 7 Things to Know Right Now

Wyrick Robbins Yates & Ponton LLP on 3/9/2021

The Virginia Consumer Data Protection Act (CDPA) became law earlier this week when the state’s governor signed a bill recently adopted by the state’s legislature, making Virginia the second state in the nation with a...more

Draft EDPB Guidelines Clarify the Roles of Parties Processing Personal Data and Call for Detailed Data Processing Agreements

Wilson Sonsini Goodrich & Rosati on 9/25/2020

On September 7, 2020, the European Data Protection Board (EDPB) published draft guidelines (Guidelines) intended to clarify the roles of the parties processing personal data and when they are operating as controllers, joint...more

European Data Protection Board Forms Two New Taskforces to Address Schrems II Aftermath

Akin Gump Strauss Hauer & Feld LLP on 9/14/2020

On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more

How to Comply with International Transfers – The Regulatory Guidance Overview on the “Schrems II” Decision

Orrick, Herrington & Sutcliffe LLP on 7/30/2020

EDPB and data protection authorities’ views and statements on the “Schrems II”- decision by the CJEU - On 16 July, 2020, the European Court of Justice (“CJEU“) passed a decision invalidating the EU-US Privacy Shield and...more

No Grace Period After Invalidation of EU-US Privacy Shield in Schrems II

Morgan Lewis on 7/28/2020

As discussed in an earlier alert, the Court of Justice of the European Union in a landmark decision in the Schrems II case invalidated the EU-US Privacy Shield framework, which was widely used by thousands of US organizations...more

Lower Your Privacy Shield, But Max Out Your Options for Maintaining Transatlantic Data Flow

Kilpatrick on 7/22/2020

Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the...more

Sitting with the C-Suite: eDiscovery Priorities – Thoughts on the Next Five Years

Baker Donelson on 7/2/2020

Marc Zamsky has been involved in the eDiscovery provider community since 1996. He joined Compliance in May 2013 as the Chief Operating Officer. In that role, Marc expanded the eDiscovery solutions offered by Compliance by,...more

Guidance from E.U. Supervisory Authorities on Data Processing in a Time of COVID-19

Orrick, Herrington & Sutcliffe LLP on 3/17/2020

The European Data Protection Board (EDPB) and a number of European data protection supervisory authorities have recently issued guidance on processing personal data, including special categories of personal data (i.e., health...more

Insurers Take Steps to Reduce Silent Cyber Exposure

Hinshaw & Culbertson LLP on 2/11/2020

As cyber risks continue to proliferate, issues concerning coverage for those exposures under non-cyber or "traditional" property and casualty policies are creating uncertainty for both the insurance industry and for...more

Though CCPA Is Now Live, Questions Concerning Its Constitutionality Linger

McDermott Will & Emery on 1/10/2020

As businesses have scrambled to obtain compliance with the California Consumer Privacy Act (CCPA) in recent months, questions surrounding its constitutionality have arisen. As a broad, sometimes unclear state law that imposes...more

Should I Be Worried About the GDPR? – EDPB’S Guidelines on the GDPR’S Territorial Scope

Hogan Lovells on 12/31/2019

Does the GDPR really apply to my company? From a data protection standpoint, this is the first thing that comes to mind within non-EU companies. In many cases, the GDPR seems like an issue of the Old Continent, so some assume...more

European Data Protection Board Issues Final Guidelines On Extraterritorial Application Of GDPR

Fox Rothschild LLP on 11/15/2019

The European Data Protection Board has issued long-awaited final guidelines for the extraterritorial application of the General Data Protection Regulation (GDPR). Key changes: (1) GDPR can apply extraterritorially to some...more

European Guidance On Data Controller And Processor Relationship Has Takeaways For GDPR, CCPA Compliance

Fox Rothschild LLP on 11/14/2019

The European Data Protection Supervisor (EDPS) has issued guidance on the concepts of data controller and processor for European Union organizations. Though it covers EU institutions, the guidance contains many concepts that...more

GDPR – The Year in Review

Hogan Lovells on 5/30/2019

Following the one-year anniversary of the coming into effect of the GDPR, Hogan Lovells’ Privacy and Cybersecurity practice has prepared a compilation of key GDPR-related developments of the past 12 months. The compilation...more

EDPB Draft Guidelines on Extraterritorial Scope of the GDPR Provide Few Clear Answers for US Companies

Ballard Spahr LLP on 12/3/2018

Since the General Data Protection Regulation (“GDPR”) took effect on May 25, 2018, US companies without facilities or employees in Europe have struggled to understand the extraterritorial scope of the GDPR....more

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