CCPA Regulations Take Effect August 14, 2020, California AG Announces Final Revisions

On August 14, 2020, the California Attorney General announced that the state’s Office of Administrative Law approved the AG’s proposed regulations pursuant to the California Consumer Privacy Act. The final regulations, which took immediate effect on the day of the announcement, reflect the withdrawal of the following provisions (as well […]

Fintech Faces Expanded Applicability of GLBA’s Privacy and Security Requirements

In a little-noticed consent decree in the fall of 2019, the Federal Trade Commission took the position that businesses whose services facilitate financial operations on behalf of financial institutions may themselves be financial institutions subject to the privacy and data security requirements under the Gramm-Leach Bliley Act. This decision may […]

Europe’s Highest Court Invalidates the EU-US Privacy Shield, Casts Doubt on Viability of Model Clauses for Data Transfers to the US

On July 16, 2020, the Court of Justice of the European Union issued a decision that uprooted long-standing legal frameworks on which thousands of US and EU companies have relied to transfer personal data from the EU to the US.

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 […]

California Attorney General Submits Final CCPA Regulations for Review

On June 1, the California Attorney General submitted its final proposed regulations implementing the CCPA to the California Office of Administrative Law (OAL) for its review and approval. The final regulations contain no material changes from the second modified draft regulations issued on March 11, 2020 (which is discussed in […]

Workplace Testing and Data Protection: Guidance for Employers

As the UK begins to ease lockdown measures, employers in all sectors are considering how their employees can return to work in the safest possible way. For many, this will include testing to check whether employees have (or have already had) COVID-19. Any employer wishing to carry out such testing […]

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 […]

How the CLOUD Act is Likely to Trigger Legal Challenges

New York Law Journal “The CLOUD Act is about to stir up a legal storm. The act was originally passed in March 2018 to ensure US law enforcement officials could obtain information from US-based communications providers even if that information is stored overseas. But the act has another, more controversial provision: […]

Rigorous Privacy and InfoSec Requirements May Be in Store for Companies That Accept Government Equity Stakes

Federal government agencies, government-controlled corporations and some government contractors must comply with robust federal laws that govern federal agencies’ privacy and information security practices – the Privacy Act and FISMA, respectively. Now, these laws may apply to companies that accept federal government aid under the Coronavirus Aid, Relief, and Economic […]