Recent developments in the tech sector in China, including government directives concerning heightened regulatory scrutiny of tech companies listed or looking to list in the US or on exchanges in other overseas jurisdictions,...more
With the passage of the Colorado Privacy Act (CPA) during its latest legislative session, Colorado has become the third state to enact a comprehensive consumer data privacy law, following California and Virginia. Corporations...more
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 November 10, 2020, the recently established Taskforce of the European Data Protection Board (EDPB), a body consisting of representatives of all the Data Protection Authorities (DPAs) in the European Economic Area (EEA),...more
On Tuesday, November 17, the Senate passed H.R. 1668, the Internet of Things (IoT) Cybersecurity Improvement Act of 2020, by unanimous consent. The bill, which previously passed the House of Representatives in September after...more
The newly passed Proposition 24, the California Privacy Rights Act (CPRA), represents the second time in two years that California has instituted a comprehensive privacy statute that fundamentally changes data privacy...more
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
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
The U.S. Department of Commerce, Department of Justice, and Office of the Director of National Intelligence have prepared a White Paper providing a detailed discussion and analysis of the July 16th Data Protection...more
10/1/2020
/ Court of Justice of the European Union (CJEU) ,
Data Protection ,
Department of Justice (DOJ) ,
Departments of Commerce ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Standard Contractual Clauses ,
White Papers
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
- The OCIE of the SEC highlights that responses to COVID-19 present important regulatory and compliance issues for SEC registrants, including “heightened risks of misconduct” tied to recent market volatility.
- The Risk...more
8/21/2020
/ Asset Management ,
Broker-Dealer ,
Business Continuity Plans ,
Business Operations ,
Compliance ,
Conflicts of Interest ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Protection ,
Fees ,
Financial Transactions ,
Investment Adviser ,
Investment Fraud ,
Investment Management ,
Investors ,
OCIE ,
Personally Identifiable Information ,
Policies and Procedures ,
Popular ,
Remote Working ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision
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 July 16, 2020, the Grand Chamber of the Court of Justice of the European Union (CJEU) in Luxembourg handed down its highly anticipated judgment in a case brought by privacy activist Max Schrems (C-311/18, Data Protection...more
7/20/2020
/ Court of Justice of the European Union (CJEU) ,
Data Controller ,
Data Processors ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Safe Harbors ,
Standard Contractual Clauses
On May 4, 2020, the European Data Protection Board (EDPB) adopted two important revisions to its 33-page Guidelines on Consent (Guidelines) under the General Data Protection Regulation (GDPR). The Guidelines are highly...more
Cybersecurity threat actors are targeting information of businesses seeking assistance during this time of crisis. For example, last week the Small Business Administration (SBA) reported a suspected data breach, affecting...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
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
- The Washington state Senate has passed its version of a consumer data privacy bill as state lawmakers debate proposed legislation for the Washington Privacy Act, the state’s first data privacy law.
- In their own bill,...more
2/19/2020
/ Consumer Privacy Rights ,
Corporate Counsel ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Legislative Agendas ,
Opt-Outs ,
Personally Identifiable Information ,
Preemption ,
Privacy Legislation ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Right-To-Access
With the expansion of privacy legislation—from the General Data Protection Regulation (GDPR) in Europe to the coming California Consumer Privacy Act (CCPA) in the United States—cyber liability insurance is taking on increased...more
11/4/2019
/ California Consumer Privacy Act (CCPA) ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Denial of Insurance Coverage ,
Incident Response Plans ,
Insurance Contracts ,
Insurance Litigation ,
Liability Insurance ,
Litigation Fees & Costs ,
Policies and Procedures ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Risk Mitigation ,
Third-Party Liability