Last year proved to be a big year in data protection with U.S. state data protection laws popping up across the country, the FTC updating its guidance and regulations on everything from data breaches and biometric...more
1/18/2024
/ Adtech ,
Artificial Intelligence ,
Biden Administration ,
Biometric Information ,
Breach Notification Rule ,
California Privacy Protection Agency (CPPA) ,
COPPA ,
Data Breach ,
Data Protection ,
EU ,
Executive Orders ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
India ,
Minors ,
Opt-Outs ,
Personal Data ,
Popular ,
Privacy Laws ,
Securities and Exchange Commission (SEC) ,
State Privacy Laws ,
UK ,
Website Design ,
Websites
While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018.
Earlier this...more
3/22/2023
/ Consent ,
Cookies ,
Data Processors ,
Data Protection ,
Data Protection Officers (DPOs) ,
EU ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Prior Express Consent ,
Proposed Legislation ,
UK ,
UK GDPR
The Digital Markets Act aims to complement the enforcement of competition law to ensure that markets where “Gatekeepers” are present—including online search engines, online social networking, video sharing platform services,...more
The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively.
On October 7, 2022, President...more
10/11/2022
/ Biden Administration ,
Data Privacy ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Executive Orders ,
FISA ,
Foreign Intellgence ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
National Intelligence Agencies ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
Surveillance
Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements.
In early August, the European Union data protection advocacy...more
The proposed law - which is broadly applicable to most entities doing business in the United States - is the first real indication of bipartisan movement on data protection at the federal-level.
The House Committee on...more
7/6/2022
/ Consumer Privacy Rights ,
Covered Entities ,
Data Protection ,
Digital Services ,
Duty of Loyalty ,
EU ,
Federal Data Privacy ,
FTC Act ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation ,
Sensitive Personal Information ,
Stored Communications Act
The proposed Digital Services Act will require online services (including social media platforms, search engines, and marketplaces) to implement policies and procedures aimed at increasing transparency and combatting illegal...more
5/6/2022
/ Anti-Competitive ,
Competition ,
Compliance ,
Compliance Dates ,
Digital Media ,
Digital Services ,
EU ,
European Parliament ,
Internet Retailers ,
Member State ,
Monopolization ,
Online Marketplace ,
Online Platforms ,
Pending Legislation ,
Social Media ,
Transparency
While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements.
On March 25, the U.S. and E.U....more
4/6/2022
/ Biden Administration ,
Court of Justice of the European Union (CJEU) ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
General Data Protection Regulation (GDPR) ,
Intergovernmental Agreements ,
International Data Transfers ,
Personal Data ,
Schrems I & Schrems II ,
Standard Contractual Clauses
The new mechanisms, which are likely to pass Parliament, will become effective on March 21, 2022 and will require businesses and organizations to review existing and new contracts.
The Information Commissioner’s Office...more
More, possibly similar decisions are expected in the coming months, throwing cross-Atlantic data transfers and trade into doubt as diplomats seek a Privacy Shield replacement.
In late December, the Austrian Data...more
2/3/2022
/ Analytics ,
Austria ,
Binding Corporate Rules ,
Cookies ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
FISA ,
General Data Protection Regulation (GDPR) ,
Google ,
International Data Transfers ,
Schrems I & Schrems II ,
Standard Contractual Clauses
As drafted the new measures specify security assessment and contract requirements but leave ample room for Chinese authorities to heavily restrict cross-border data transfers.
At the end of October, China’s top privacy...more