Two leading U.S. legislators have unveiled a bipartisan plan to enact the first comprehensive federal data privacy law. The proposed American Privacy Rights Act (APRA) largely mirrors common themes in the patchwork of state...more
The Client: A telecommunications company with operations in California The Business Question: How should we adapt our strategy in an evolving privacy and antitrust environment? Our client competed in a digital advertising...more
Looking towards 2023, organizations should be mindful of the effective dates of several new state privacy laws in the U.S. Companies should review the new laws to evaluate their applicability and identify potential...more
9/16/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
State Privacy Laws
The U.S. Legislature has proposed the first bipartisan comprehensive consumer data protection law, the American Data Privacy and Protection Act (ADPPA). If enacted, the United States would join over 100 countries and several...more
Update: UK international data transfer agreement and UK addendum to the EU standard contractual clauses now in force In February, the Information Commissioner’s Office (“ICO”), the United Kingdom (UK) data protection...more
To help your company get its United States (U.S.) state privacy compliance program on the right track in 2022, Orrick's Cyber' Privacy & Data Innovation Group has analyzed the differences between key topics for the California...more
3/15/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
Environmental, social, and governance (ESG) factors are increasingly a key area of focus for investors and stakeholders. Businesses today are expected to have policies and strategies focused on long-term value creation and to...more
The California Privacy Rights Act (CPRA) became law on December 16, 2020, and amended the California Consumer Privacy Act (CCPA). When the CPRA becomes fully operative on January 1, 2023, these important changes, among...more
Across the United States (U.S.), 2021 was a busy year for legislative and regulatory-related consumer privacy developments. Our roundup captures some of the major updates that occurred in states throughout the year. We will...more
As cybersecurity incidents become increasingly complex, your initial response to a potential cybersecurity crisis matters. The decisions that you make in the first 24 to 48 hours of a potential cybersecurity incident can have...more
11/4/2021
/ Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Incident Response Plans ,
Policies and Procedures ,
Popular ,
Risk Management ,
Risk Mitigation
How can your business prepare for The California Privacy Rights Act (CPRA) ramp-up in 2021? The CPRA is scheduled to become effective in January 2023. Preparations will occur over the next two years, including establishing...more
On December 10, 2020, California Attorney General Xavier Becerra (California AG) released a fourth set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations that went into effect on August 14,...more
Brazil’s long-anticipated data protection law, Lei Geral De Proteção de Dados Pessoais (“General Law for Data Protection” or “LGPD”), now appears positioned to take effect in a matter of days. Ever since the law was...more
9/2/2020
/ Brazil ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
International Data Transfers ,
Online Safety for Children ,
Personal Data ,
Privacy Laws
The California legislature has passed AB 1281 to the Governor’s desk for signature and, given the absence of legislative opposition, it appears the bill is now well positioned to be signed into law. AB-1281 extends by one...more
9/1/2020
/ B2B Organizations ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Exemptions ,
Hiring & Firing ,
Personal Data
Today, we are all facing a public health crisis unlike any other we have seen in our lifetime. In addition to serious consequences to global health, the COVID-19 pandemic has created significant disruption in the legal system...more
5/26/2020
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Management ,
Data Privacy ,
Legislative Agendas ,
Pending Legislation ,
Personally Identifiable Information ,
State Attorneys General
On May 4, 2020, Californians for Consumer Privacy announced that it submitted over 900,000 signatures to qualify the California Privacy Rights Act of 2020 (“CPRA”) for California’s November 2020 ballot. With the California...more
5/22/2020
/ Ballots ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government
In recent days, Congress has introduced two divergent “emergency” bills to address privacy issues arising during the COVID-19 crisis. ...more
On February 7 and again on February 10, 2020, the California Attorney General Xavier Becerra released an updated draft of proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). The updated...more
2/14/2020
/ Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Happy New Year! At long last, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect yesterday, January 1, 2020. For those who have not yet heard, the CCPA establishes a comprehensive legal framework to govern...more
1/3/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Deletion ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Right to Delete ,
State and Local Government
With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more
10/21/2019
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
New Amendments ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes
On October 10, 2019, the California Attorney General added to the complexity of the California Consumer Privacy Act of 2018 (“CCPA”) by releasing long-awaited proposed regulations that provide guidance on various elements of...more
10/16/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Digital Service Providers ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Right to Delete ,
Rulemaking Process ,
State and Local Government
With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more
9/18/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Exemptions ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government
While the California Consumer Privacy Act (“CCPA”) has inspired many states to consider their own consumer privacy bills, including Nevada which recently enacted a new law, not to be lost in the CCPA-focused frenzy is the...more
In 2018, the California legislature made headlines with its game-changing data protection law: the California Consumer Privacy Act of 2018. ...more
3/19/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Legislation ,
State and Local Government