All posts by Cooley

Cybersecurity Governance for Maturing Companies

With cyber resilience top of mind for investors, shareholders, regulators and the plaintiffs’ bar, growing organizations can no longer afford to put their cybersecurity efforts on the back burner. Building a cybersecurity program has become an essential element in the growth strategy. But where do you begin? Cooley’s cyber/data/privacy lawyers […]

European Parliament Debates the Impact of Schrems 2 on EU-US Data Transfers

On 3 September 2020, the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (the LIBE Committee) held a debate with the EU Commission, the European Data Protection Board and Max Schrems himself to discuss the impact of the Court of Justice of the European Union judgment in the […]

CCPA Round-Up: Enforcement Begins; “CCPA 2.0” Qualifies for November Ballot; Facebook Updates CCPA Stance

The California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) took effect today, July 1, 2020, after a busy week of CCPA-related developments that included: The California Privacy Rights Act of 2020 (aka “CCPA 2.0”) qualifying for California’s November 3, 2020 General Election ballot; and Facebook’s announcement […]

Road Map For a Cautious Approach to Contact Tracing

Law360 “It has become increasingly clear that a combination of COVID-19 testing and use of geolocation technologies for contact tracing will be essential for the nation to get back to life and work. With this realization came outcry that contact tracing is a leap to the surveillance society that would […]

AI and Algorithms: FTC Issues Guidance for Companies Amid Heightened Scrutiny

Even before the COVID-19 crisis, artificial intelligence and algorithms, particularly in the context of pricing, were a focus of the Federal Trade Commission and the Department of Justice’s Antitrust Division. With the COVID-19 pandemic shining a spotlight on online platforms and sellers using algorithms to set prices, it is particularly […]

Europe Issues Pragmatic Privacy Guidance for COVID-19 Data Processing

European data protection authorities have issued important guidance on the processing of personal data in connection with COVID-19. At a pan-European level, on March 19, 2020, the European Data Protection Board issued a statement on the processing of personal data in the context of the COVID-19 outbreak.

The GDPR and Coronavirus: What Organisations in the UK Need to Know

The UK’s Information Commissioner’s Office has, over the course of this week, published various notes of advice and blog posts to organisations and data subjects in respect of the coronavirus (COVID-19) pandemic.

FTC Increasingly Looks to Public Companies’ SEC Disclosures for Privacy and Cybersecurity Enforcement Opportunities

While the FTC does not make its initial privacy and cybersecurity investigations public, there have been reports that the FTC has initiated an increasing number of privacy and cybersecurity-related enforcement actions following disclosures of privacy or cybersecurity incidents by public companies in their SEC filings. 

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 […]