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Employer Liability Issues Personal Data

Fisher Phillips

Court Confirms Kentucky Consumer Protection Act Doesn’t Cover Employees, But Legal Risks Remain: 5 Steps for Employers to Avoid...

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A federal district court recently found that employees aren’t protected by Kentucky’s consumer protection law because they don’t qualify as consumers, handing a solid win to employers. The April 21 decision in Viviali v. One...more

Fisher Phillips

New EU Platform Work Directive Impacts Freelancers and Gig Economy: Here’s What Businesses Need to Know

Fisher Phillips on

The European Union took a big step last year towards regulating digital labor platforms – and member states will need to adopt the new directive before the end of 2026. The directive seeks to curb worker misclassification,...more

Benesch

New Data-Sharing Agreement Between DHS and IRS Will Impact Employers and Provide ICE with Unprecedented Access to Sensitive Data

Benesch on

The Department of Homeland Security (“DHS”) and the Department of Treasury reached a data-sharing agreement in a Memorandum of Understanding (“MOU”) filed April 7, 2025....more

A&O Shearman

ICO releases guidance on processing employment records

A&O Shearman on

On February 5 2025, the UK Information Commissioner's Office (ICO) released new guidance designed to help employers understand and comply with their obligations under the UK GDPR and the Data Protection Act 2018 in relation...more

McDermott Will & Emery

EuGH zur Zukunft der (Datenschutz-)Betriebsvereinbarungen: Was ändert sich?

McDermott Will & Emery on

Der Europäische Gerichtshof (EuGH) hat festgestellt, dass Kollektivvereinbarungen (wie bspw. Betriebsvereinbarungen) nur dann eine rechtliche Grundlage für die Verarbeitung von Beschäftigtendaten darstellen können, wenn sie...more

Ius Laboris

Perks for Employees’ Parents: Unwrapping the New Rules on Holiday Vouchers

Ius Laboris on

Back in 2019, the government of Slovakia introduced what it called the ‘recreation allowance’ to boost domestic tourism. It requires certain employers to contribute financially to domestic trips taken by eligible employees....more

McGuireWoods LLP

Illinois Courts Consider Retroactivity of Amendment to Biometric Information Privacy Act

McGuireWoods LLP on

On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois’ Biometric Information...more

Spilman Thomas & Battle, PLLC

Decoded - Technology Law Insights, V 5, Issue 9, November 2024

Welcome to our ninth 2024 issue of Decoded - our technology law insights e-newsletter. How are States Using Generative Artificial Intelligence? and Employee AI Adoption Cools Globally - Why this is important: As...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Human Resources’ Role in Data Privacy and Cybersecurity, Part V: Ethical Obligations When Responding to a Breach of Employee Data

In today’s digital landscape, many organizations will likely face the unfortunate reality of a breach of employee data. The human resources department is the critical link between safeguarding a company’s reputation and...more

Parker Poe Adams & Bernstein LLP

Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

Most consumers are aware that their personal data is collected, compiled, analyzed, and sold to third parties for marketing and other purposes. Many employees may not know of similar data collection practices relating to...more

Sheppard Mullin Richter & Hampton LLP

CFPB Warns Employers Regarding FCRA Rules for AI-Driven Worker Surveillance

On October 24, the CFPB issued Circular 2024-06, which warns companies using third-party consumer reports, particularly surveillance-based “black box” or AI algorithmic scores, that they must follow the Fair Credit Reporting...more

A&O Shearman

EU and UK Data Protection Regulatory Trends so far in 2024: a focus on employee surveillance and biometric in the workplace

A&O Shearman on

This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more

A&O Shearman

EU and UK Data Protection Regulatory Trends so far in 2024: a focus on AI

A&O Shearman on

This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

Miller Nash LLP on

Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler on

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more

Venable LLP

Colorado Amends State Privacy Law to Include Biometric Data Requirements

Venable LLP on

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Seyfarth Shaw LLP

Colorado Governor Signs Broad AI Bill Regulating Employment Decisions

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 17, 2024, Colorado Governor Jared Poils signed Colorado SB 24-205, making Colorado the first state to enact broad legislation regulating employers’ use of AI to make “consequential decisions.”...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

Seyfarth Shaw LLP on

In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

Spilman Thomas & Battle, PLLC

Decoded Technology Law Insights, V 5, Issue 4, May 2024

MIT Report Details New Cybersecurity Risks - “Cloud misconfigurations, more sophisticated ransomware, and vendor exploitation attacks are contributing to rising cyberattacks.” Why this is important: Worldwide spending...more

Littler

China’s New Cross-Border Data Transfer Rules Substantially Reduce Compliance Burdens for Multinational Employers

Littler on

Multinational employers operating in China have been waiting since September 2023 for the Cyberspace Administration of China (CAC) to finalize proposed revisions to its complex and burdensome rules for cross-border data...more

K&L Gates LLP

Employment Practices and Data Protection: Monitoring Workers 101

K&L Gates LLP on

The Information Commissioner’s Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers’ data protection rights and help...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

CDF Labor Law LLP

Employers Urged To Revisit Existing Privacy Policies Following Executive Order Mandating Protection Of Sensitive Personal Data

CDF Labor Law LLP on

President Biden issued an Executive Order on February 28, 2024 to prevent access to U.S. Citizens’ sensitive personal data and U.S government-related data by countries of concern. This executive order targets data brokers...more

Littler

Developing a Global Data Protection Framework for Artificial Intelligence in the Workplace

Littler on

As employment-related artificial intelligence (“AI”) tools proliferate, multinational employers feel increasing pressure to deploy AI across their global offices.  These tools can provide great value and efficiency across the...more

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