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New Proposed EU AI Regulation Extends Beyond Europe

On April 21, 2021, the European Commission (Commission) published its draft Regulation on Artificial Intelligence (AI). It follows the strategies outlined in the February 2020 Commission’s White Paper on AI. The draft...more

Two More States Adopt NAIC Model Data Security Law

The National Association of Insurance Commissioner (NAIC)’s model data security law (“Model Law”) was recently adopted by Maine and North Dakota. This addition brings the total number to states that have joined the NAIC...more

Key Privacy/Data Security Takeaways: Senate Commerce Committee’s FTC Hearing

On Tuesday, April 20, the Senate Commerce, Science and Transportation Committee held a hearing on the Federal Trade Commission’s (FTC) authority to protect consumers. The hearing featured discussion from lawmakers on the...more

[Podcast] 2020 CCPA Litigation Report – Analyzing the First Year of Litigation

In this episode, Akin Gump cybersecurity, privacy and data protection practice co-heads Natasha Kohne and Michelle Reed, and counsel Molly Whitman discuss the firm’s new 2020 CCPA Litigation Annual Report and its...more

Virginia Consumer Data Protection Act: What Businesses Need to Know

On March 2, 2021, the Governor of Virginia signed the Virginia Consumer Data Protection Act (CDPA) into law, which goes into effect on January 1, 2023. The law applies only to businesses with large amounts of consumer data...more

Senate Commerce Committee Hears Testimony on EU-US Privacy Shield

On Wednesday, December 9, the Senate Commerce, Science and Transportation Committee held a hearing titled “The Invalidation of the EU-U.S. Privacy Shield and the Future of Transatlantic Data Flows.” During the hearing, both...more

Massachusetts Voters Approve Vehicle Data Access Initiative

Voters in Massachusetts overwhelmingly approved a ballot initiative that gives independent mechanics greater access to vehicle data, a move that vehicle manufacturers have foreshadowed could have significant cyber and privacy...more

Coalition of African Nations to Coordinate Data Protection Framework

A coalition of African nations have developed a data protection framework with the goal of centralizing data protection laws and the digital economy across Africa. Currently, five countries, including Nigeria, are testing the...more

California Attorney General Issues Surprise Third Set of Proposed Modifications to CCPA Regulations

The California Attorney General surprised companies by issuing new guidance for the California Consumer Privacy Act (CCPA) compliance, reflecting likely compliance missteps by companies. On Tuesday October 12, 2020, the...more

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

CA AB-1281 Signed by Governor Newsom

On September 29, 2020, Gov. Gavin Newsom signed the California Consumer Privacy Act (CCPA) Sunset Extension Bill, AB-1281, which extends the business to business (B2B) and employee exemptions to the CCPA which were set to...more

Portland City Council Passes Strongest Ban on Facial Recognition in US

The City Council of Portland, Oregon unanimously passed a ban on facial recognition, set to take effect in January 2021. The Portland ban is currently the strongest in the United States, preventing not only government...more

Two Note-Worthy Developments From the UK: National Data Strategy and UK-US Partnership on AI

Two developments in the United Kingdom demonstrate the country’s renewed commitment to a sustainable data strategy with appropriate privacy and security safeguards. First, on September 9, 2020, the U.K. government published a...more

Swiss-U.S. Privacy Shield No Longer Adequate for Data Transfers

The Federal Data Protection and Information Commissioner (FDPIC) has determined that the Swiss-United States Privacy Shield does not provide an adequate level of data protection for data transfers from Switzerland to the U.S....more

New Privacy Division Created by Massachusetts Attorney General

Massachusetts Attorney General (AG) Maura Healey announced the creation of a Data Privacy and Security Division, focusing on protecting consumers from privacy and security breaches and threats. AG Healey named Sara Cable as...more

Vermont Attorney General Provides Guidance on Security Breach Notice Act

On March 5, 2020, Gov. Phil Scott (VT-R) signed into law amendments to the Security Breach Notice Act (the “Act”). The amendments, which originated in the State Senate as part of an initiative addressing a number of data...more

First Enforcement Action by New York Department of Financial Services Under Cybersecurity Regulation

On July 21, 2020, the New York Department of Financial Services (DFS) filed a “Statement of Charges and Notice of Hearing” (the “Charges”) against First American Title Insurance Company (the “Company”) alleging violations of...more

Progressive Senators Introduce Biometric Privacy Proposal

On Tuesday, August 4, Senators Jeff Merkley (D-OR) and Bernie Sanders (I-VT) announced the introduction of the National Biometric Information Privacy Act of 2020 to prohibit private companies from collecting biometric data...more

Attorney General Becerra Begins CCPA Enforcement Absent Final Rules

On July 1, 2020, California Attorney General Xavier Becerra issued a statement as the first day of enforcement of the California Consumer Privacy Act (CCPA) commenced, urging businesses to know their responsibilities under...more

Advocacy Group Qualifies California Privacy Rights Act for 2020 Ballot

The advocacy group, Californians For Consumer Privacy, has qualified the California Privacy Rights Act (CPRA) for the November 2020 ballot. The required number of signatures was verified by the California Secretary of State,...more

CCPA: Impacts and Significance for Business

Akin Gump cybersecurity, privacy and data protection co-heads Natasha Kohne and Michelle Reed discuss the California Consumer Privacy Act and its implications for business in this episode recorded in mid-March....more

No Delay on CCPA due to COVID-19

The California Attorney General’s Office is going forward with the enforcement of the California Consumer Privacy Act (CCPA) despite the logistical issues caused by COVID-19. An advisor to Attorney General Becerra made a...more

Top 10 Topics for Directors in 2020: Cybersecurity

Cybersecurity and Privacy - Despite cries from corporations and privacy advocates across America for a unified federal privacy law, the nation’s toughest privacy law—the California Consumer Privacy Act (CCPA)—went into...more

Understanding What the Revised Draft CCPA Regulations Mean for Business

- The California Attorney General Office (AGO) issued revised proposed regulations (Version 2) regarding the California Consumer Privacy Act on February 7, 2020. The AGO will collect comments on the revised regulations until...more

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