Round 2: California AG Revises Proposed CCPA Regulations

On February 7 and 10, 2020, the California Attorney General released modifications to the proposed regulations implementing the California Consumer Privacy Act. The modifications substantially revise the initial version of the proposed regulations released last October. Notable changes focus on the following topics:  Definitions of “personal information” and other key […]

Data Protection Post-Brexit: Business as Usual (at Least Until 2021)

The United Kingdom left the European Union at 11:00 pm on January 31, 2020. However, the UK has entered into transitional arrangements with the EU under which the existing data protection frameworks established by the GDPR, including the EU-US Privacy Shield, will continue to apply until December 31, 2020 (the period until […]

Schrems 2.0 – The Advocate General’s Opinion

Background The Court of Justice of the European Union Advocate General issued his much‑anticipated opinion in the case commonly known as “Schrems 2.0.”   The AG’s opinion is not legally binding. However, it is likely to influence the CJEU’s decision in the case, which is expected to be handed down […]

Private and Public CCPA Enforcement Will Launch on January 1, 2020 Despite California AG Delay

As we approach the January 1, 2020 effective date of the California Consumer Privacy Act (CCPA), many companies are feeling in the dark about how and when the CCPA will be enforced. Will the California Attorney General call on January 2nd? Will plaintiffs’ lawyers serve complaints on January 3rd? Will […]

Tardy for the CCPA Party? Tips for Your Last Month Before the Deadline

With a month left before the January 1, 2020 deadline to comply with the California Consumer Privacy Act, covered businesses should ideally be well on their way to compliance. But what if you procrastinated and find yourself tardy for the CCPA compliance party? Here are a few practical, last-minute tips […]

The DAA Announces the Development of New CCPA Tools for Ad Industry

On November 25, 2019, the Digital Advertising Alliance announced it is developing cross-industry tools for publishers, brands, agencies and adtech to provide a mechanism to opt out under the California Consumer Privacy Act, which takes effect on January 1, 2020. These tools align with the DAA’s self-regulatory guidelines and are […]

LinkedIn Data Scraping Case Shows 9th Circ. Shift On CFAA

When may a company legally scrape data from another company’s website? Does it matter whether the website is open to the public or only to logged-in users? This is a contested area of law under the Computer Fraud and Abuse Act, 18 U.S.C. Section 1030, the federal statute that imposes […]

IAB Issues Draft CCPA Framework

The Interactive Advertising Bureau (IAB) has released for public comment the IAB California Consumer Privacy Act Compliance (CCPA) Framework for Publishers and Technology Companies. According to the IAB, the draft framework is intended to help publishers, ad agencies and other companies involved in the digital advertising ecosystem comply with the CCPA, […]

Ninth Circuit Restricts Immunity for Filtering Objectionable Content

Companies that make anti-virus and similar software that helps internet users guard against dangerous online content must now think twice about whether they can be sued for their decisions about what content to filter. This is the result of a significant ruling last month by the United States Court of […]

California AG Releases Draft CCPA Regulations and Governor Signs CCPA Amendments Into Law

Just under three months before the January 1, 2020 deadline to comply with the California Consumer Privacy Act (“CCPA”), the California Attorney General (“AG”) released a notice of proposed rulemaking and draft regulations pursuant to the CCPA on October 10, 2019. The next day, California Governor Gavin Newsom signed into […]