All posts by Cooley

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 […]

CCPA FAQs Part 3: Litigation, Regulatory Actions and Liability

This post does not reflect amendments to the California Consumer Privacy Act (CCPA) enacted on October 11, 2019. Check back for updates or follow this blog. As we approach the January 1, 2020 effective date of the California Consumer Privacy Act (“CCPA” or “Act”) it is a good time to […]

NIST Issues Preliminary Draft of Privacy Framework

Earlier this month, the National Institute of Standards and Technology (NIST) issued a Preliminary Draft of the Privacy Framework, which aligns with the NIST Cybersecurity Framework and is intended to help organizations better access and manage privacy risks during product and system design and development. Like the Cybersecurity Framework, the Privacy Framework is a voluntary […]

Closing Bell: California Legislature Passes Numerous CCPA Amendments and Other Privacy Bills on Final Day of 2019 Session

The last day of California’s 2019 legislative session on Sept. 13, 2019 saw a flurry of legislative activity as numerous CCPA amendments passed in the Assembly, after being amended in the Senate, and were sent to the governor for his consideration. The more substantial amendments sought by industry groups—including those […]

Nevada Privacy Law Gives Consumers Right to Opt Out of Sale of Personal Information, Following California’s Lead in CCPA

On May 29, 2019, Nevada passed a privacy law that gives consumers the right to opt out of the sale of their personal information. The law, SB 220, contains provisions that are similar to the California Consumer Privacy Act (CCPA)’s new requirements to allow consumers to opt out of the sale […]

CCPA Amendments: Expanded Private Right of Action Blocked; Exclusion of HR Data Advances

A number of bills seeking to amend the California Consumer Privacy Act of 2018 (CCPA) have been introduced this year, none more closely watched than SB 561, which would have extended the private right of action under the CCPA from security breaches to any violation of the CCPA.  Despite support […]

Brexit and its Possible Impact on Data Transfers

In its strictest construction, what ‘Brexit’ means is clear, what it entails and what comes next is absolutely not. Therefore, this article will not focus on matters relating to any such future relationship, but rather only on the terms on which the UK may leave the EU and how that […]

California Consumer Privacy Act of 2018 – Full Text

For your ease of reference, we reproduce here a formatted, hyperlinked copy of the California Consumer Privacy Act of 2018 (CCPA), current as of February 4, 2020. We’ve included in parentheses the general topic for each section, though this our own interpretation and not set out in the CCPA itself. […]

GDPR DPO University – October 18

On Thursday, October 18, Cooley’s cyber/data/ privacy practice will be holding GDPR DPO University in our New York office. The EU General Data Protection Regulation has required many organizations to appoint Data Protection Officers. With demand for DPOs far outstripping the supply, many newly-minted DPOs need to quickly develop data […]