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
5/3/2021
/ Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Commission ,
Popular ,
Proposed Regulation ,
Registration Requirement ,
Transparency
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
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
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
4/7/2021
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Defense Strategies ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
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
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
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
11/18/2020
/ Auto Repair Regulations ,
Automotive Industry ,
Ballot Measures ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Motor Vehicles ,
Popular ,
Right to Repair ,
Telematics
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
10/28/2020
/ Africa ,
Corporate Counsel ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Transfers ,
Information Security ,
International Data Transfers ,
Multinationals ,
New Guidance ,
Personal Data ,
Personally Identifiable Information
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
10/16/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
State Attorneys General
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
10/14/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Electronic Communications ,
EU ,
General Data Protection Regulation (GDPR) ,
Member State ,
National Security ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
UK
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
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 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
9/30/2020
/ Artificial Intelligence ,
Cyber Threats ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Data Storage ,
International Data Transfers ,
Personal Data ,
Research and Development ,
UK
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
9/30/2020
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
EU-US Privacy Shield ,
International Data Transfers ,
Personally Identifiable Information ,
Risk Assessment ,
Standard Contractual Clauses ,
Swiss Privacy Shield ,
Switzerland
On Friday September 4, 2020, the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area, announced that it had formed two new...more
9/14/2020
/ Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
Cybersecurity ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information
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
8/20/2020
/ Consumer Privacy Rights ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Security ,
Equal Access ,
Internet ,
Personal Data ,
Popular ,
Privacy Laws ,
State Attorneys General
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
8/10/2020
/ Amended Legislation ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Governor Scott ,
New Guidance ,
Notice Requirements ,
Personally Identifiable Information ,
Popular ,
State Attorneys General
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
8/7/2020
/ Banking Sector ,
Banks ,
Covered Entities ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Financial Services ,
Enforcement Actions ,
Financial Institutions ,
Financial Services Industry ,
Personally Identifiable Information ,
Sensitive Personal Information ,
Websites
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
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
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
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
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
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
3/6/2020
/ Board of Directors ,
California Consumer Privacy Act (CCPA) ,
Corporate Governance ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
General Data Protection Regulation (GDPR) ,
Internal Controls ,
New Regulations ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Wire Fraud
- 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
2/21/2020
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Policy ,
Proposed Regulation ,
Public Comment ,
Right to Delete ,
Right To Know ,
State Attorneys General