On 10 November 2021, the Supreme Court dismissed the United Kingdom’s first ever “opt-out” class action brought outside of the competition law sector, in Lloyd v Google LLC. The claim, seeking an award of damages of around £3...more
On October 27, 2021, Secretary of State Antony Blinken formally announced plans to modernize and reorient American diplomacy to meet the evolving demands of the 21st century. The State Department, in consultation with...more
On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more
10/7/2021
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Notification Requirements ,
Personal Information ,
Popular ,
Safe Harbors ,
State Data Breach Notification Statutes
On August 30, 2021, the Securities and Exchange Commission announced three enforcement actions against registered investment advisers for alleged cybersecurity failures involving cloud-based email systems. All three actions...more
On August 20, 2021, the 30th session of the Standing Committee of the 13th National People’s Congress (NPC) adopted China’s new PRC Personal Information Protection Law (PIPL), which will take effect on November 1, 2021. The...more
8/27/2021
/ China ,
Criminal Liability ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Use Policies ,
International Data Transfers ,
National Security ,
Personal Information
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
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
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
On October 1, 2020, the three-month grace period for businesses to comply with the Dubai International Financial Centre (DIFC) Data Protection Law (DIFC Law No. 5 of 2020) (“DPL 2020”) came to an end. Regulating the...more
10/2/2020
/ California Consumer Privacy Act (CCPA) ,
Consent ,
Cybersecurity ,
Data Breach ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Protection Officers (DPOs) ,
Data Security ,
Data Subjects Rights ,
DIFC ,
Dubai ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Notice Requirements ,
Penalties ,
Personal Data ,
Popular
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
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 Thursday, September 17, Senate Commerce Committee Chairman Roger Wicker (R-MS) and other Committee Republicans introduced a finalized version of their long-awaited data privacy legislation, which was first unveiled as a...more
9/22/2020
/ Consumer Privacy Rights ,
Data Privacy ,
Data Processors ,
Data Transfers ,
Federal Trade Commission (FTC) ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Prior Express Consent ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation
On August 30 the California Consumer Privacy Act (CCPA) Sunset Extension Bill, AB-1281, passed 63-0. The bill, which was introduced in early 2019, has passed through committee and chambers in the state of California,...more
9/14/2020
/ B2B Organizations ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Subjects Rights ,
Employee Privacy Rights ,
Exemptions ,
New Legislation ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws
On Friday, August 14, California’s Office of Administrative Law (OAL) approved the final draft of the Attorney General’s (AG) regulations under the California Consumer Privacy Act (CCPA). Attorney General Xavier Becerra’s...more
8/20/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Subjects Rights ,
Office of Administrative Law ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
Regulatory Requirements ,
State Attorneys 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
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 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