The Chinese agency charged with implementing and enforcing the new Personal Information Protection Law has issued draft measures for cross-border data transfers. Comments are due by November 28. As we detailed previously, the...more
California recently updated both its data security and breach notice laws to include genetic data. With the passage of AB 825, the data security law now includes in the definition of “personal information” genetic data. The...more
10/18/2021
/ Amended Legislation ,
Biometric Information ,
California ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Health ,
Healthcare ,
Personal Information ,
Privacy Laws
New York City recently amended its law governing third party delivery services, with the changes going into effect December 27, 2021. The revised law specifically permits restaurants to ask for customers’ personal information...more
9/29/2021
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
New York ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Proposed Regulation ,
Restaurant Industry ,
State and Local Government
The FTC recently settled with a surveillance app operator over allegations that the company facilitated the secret harvesting of personal information. According to the FTC, the main users of Support King, LLC’s “SpyFone” app...more
China is continuing to move forward with its first comprehensive privacy law. China recently issued a second version of the draft Personal Information Protection Law (Draft PIPL) which will be open for public comments until...more
5/14/2021
/ Breach Notification Rule ,
China ,
Cross-Border ,
Cybersecurity ,
Data Breach ,
Data Localization Law ,
Data Privacy ,
Data Security ,
Data Transfers ,
General Data Protection Regulation (GDPR) ,
Penalties ,
Personal Information ,
Popular ,
Proposed Regulation
Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach. It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and...more
Many digital health app developers offering health and wellness solutions directly to consumers may find themselves in a space unregulated by the Health Insurance Portability and Accountability Act (“HIPAA”). While...more
A class action lawsuit filed against PayPal in connection with a breach it suffered in 2017 was dismissed recently because the plaintiffs did not adequately allege PayPal’s intent to deceive investors. The litigation began...more
To round out this series on right-sizing a privacy program, our last stop is thinking about the impact of working with third parties. There are many legal requirements to assess and/or to address in third party contracts when...more
1/29/2021
/ Business Development ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Standard Contractual Clauses ,
Strategic Planning ,
Third-Party
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
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During their COVID-19 preparations, companies are dusting off -and deploying- their business continuity plans. Also worth revisiting are incident response plans. Teams working remotely, if faced with a data breach, will still...more
On February 10, the California Attorney General’s office released a highly anticipated updated draft of the proposed CCPA regulations. This draft corrected a version first issued on February 7, 2020. These latest updates...more
The Federal Trade Commission is requesting comments and input on the effectiveness of the 2013 amendments it made to the Children’s Online Privacy Protection Rule. Although the FTC typically reviews its rules every ten years,...more
7/29/2019
/ Amended Rules ,
Comment Period ,
Cookies ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Parental Consent ,
Personal Information ,
Public Comment