Just as we thought 2022 was going to be significantly different than 2021, December 2021 and January 2022 events have thrown us for another (pandemic) loop. We anticipate that some of the privacy and cybersecurity...more
1/12/2022
/ Artificial Intelligence ,
Auto-Dialed Calls ,
Biometric Information ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CAN-SPAM Act ,
CARU ,
CDPA ,
Consumer Privacy Rights ,
COPPA ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Tracking ,
EU ,
FCC ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Identity Theft ,
Machine Learning ,
Mobile Privacy ,
Ransomware ,
SCOTUS ,
TCPA
The European Commission recently adopted an adequacy decision regarding the Republic of Korea’s data protection laws. As a result of this decision, personal data can freely flow between the EEA and South Korea without the...more
1/7/2022
/ Binding Corporate Rules ,
Cross-Border ,
Data Protection ,
Data Transfers ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Korea ,
Privacy Laws ,
South Korea ,
Standard Contractual Clauses ,
UK
The Food and Drug Administration recently sought comments on the role of transparency for artificial intelligence and machine learning-enabled medical devices. The FDA invited comments in follow up to a recent workshop on the...more
11/23/2021
/ Artificial Intelligence ,
Digital Health ,
EU ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Machine Learning ,
Medical Devices ,
Patients ,
Popular ,
Privacy Laws ,
Transparency
Companies are struggling to understand how to comply with rapidly changing and sometimes conflicting privacy obligations. For entities outside of the US seeking to do business in the States, approaching and understanding the...more
Starting this fall, companies transferring personal data from the European Economic Area (EEA) will likely begin to see a flurry of contract renegotiations. On June 4, 2021, the European Commission adopted long awaited new...more
6/17/2021
/ Cross-Border ,
Data Security ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
FISA ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The Portuguese data protection authority issued a recent resolution ordering the Portuguese National Institute of Statistics (or INE) to stop sending personal census information to any countries outside of the EU that do not...more
The Dutch Data Protection Authority recently imposed a €475,000 fine ($558,000) against the hotel website Booking.com for waiting longer than 72 hours to report a data breach. According to the Dutch DPA press release,...more
Many in the world have been watching the Brexit deal closely, including privacy lawyers and others who deal with global data transfers. Under the recently-announced deal, a temporary solution will allow companies to continue...more
12/29/2020
/ Cross-Border Transactions ,
Data Protection ,
Data Transfers ,
EU ,
European Economic Area (EEA) ,
Exceptions ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
UK ,
UK Brexit
There has been much scrutiny of artificial intelligence tools this year. From NIST to the FTC to the EU Parliament, many have recommendations and requirements for companies that want to use AI tools. Key concerns including...more
As 2020 comes to a close, we take this opportunity to look back at some of the more significant developments that we discussed in the blog this year. The first is the EU Court of Justice’s Schrems II decision, finding that...more
One of the methods US and EU companies rely on most frequently for the transfer of personal data from the EU to the US are standard contractual clauses. For the method to be acceptable as a valid basis for transfer of...more
12/1/2020
/ Consumer Privacy Rights ,
Data Privacy ,
Data Transfers ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Personal Information ,
Privacy Laws ,
SCC ,
Standard Contractual Clauses
The EDPB recently published recommendations on additional security steps to take when transferring personal data out of the EU. As outlined in our previous series of posts, the EU found this summer that the EU-US Privacy...more
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In a much anticipated ruling, this month the Swiss Data Protection Authority concluded that the EU-US Swiss Privacy Shield was no longer an adequate method for transferring personal information from Switzerland to the US. In...more
In the current pandemic era, kids are spending more time online, be it for school or entertainment. Companies are therefore gearing up for increased interaction with children online or through connected devices. As children...more
The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more
8/3/2020
/ Court of Justice of the European Union (CJEU) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
Companies who transfer data from the EU to the U.S. are struggling to determine the appropriate basis under which they can make these transfers. Continuing our examination of the outcome of this decision, we think now about...more
U.S. companies are in a bind in the wake of the recent EU decision rejecting the validity of the Privacy Shield. While it is clear that the EU will not accept Privacy Shield participation as a basis for transferring data from...more
On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to...more
Following its 20th plenary session on April 7, the European Data Protection Board (EDPB) selected geolocation and health data to focus on in its upcoming COVID-19 guidance. This follows in response to the EDPB’s earlier broad...more
As companies brace for the impact of COVID-19, the last thing on everyone’s mind may be proactive privacy compliance obligations. Certainly, companies may be thinking about privacy obligations that relate specifically to...more
The European Data Protection Board recently requested comments on its data protection “by design and default” guidelines. Comments are due by mid-January of next year. The Guidelines provide clarity about how to address...more
The EU Commission concluded its third annual review of the EU-U.S. Privacy Shield and found that it continues to provide an adequate level of protection for EU personal data. The program was created as a mechanism to...more
The European Data Protection Board is seeking comment about proposed guidelines that impact websites that provide online services. This might include services a user pays for, or where the fee is indirect (the services being...more
4/24/2019
/ Comment Period ,
Cybersecurity ,
Data Privacy ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Public Comment
The European Data Protection Board (EDPB) has released its priorities for 2019/2020 in its two-year “Work Program.” The EDPB is charged with issuing guidelines and opinions about GDPR, advising the European Commission about...more