On December 10, 2019, the Danish Supervisory Authority (SA) published its final version of Standard Contractual Clauses (SCCs) that data controllers and processors may use to satisfy the General Data Protection Regulation (GDPR) obligation to enter into a data processing agreement. The Danish SCCs have been reviewed and approved by the European Data Protection Board … Continue Reading
Updates to Compliance Likely Required On February 10, 2020, the California Attorney General issued the proposed text of modified regulations implementing the California Consumer Privacy Act (CCPA). This draft is a correction of a version that the California Attorney General issued on February 7, 2020. While the California Attorney General previously indicated that major changes to the … Continue Reading
On December 19, 2019, the Advocate General (AG) of the highest EU Court (the Court of Justice of the European Union (CJEU)) issued his opinion in Schrems II[1] (the opinion). Wilson Sonsini previously covered the key points of the opinion in our Alert of December 20 and now provides a more detailed analysis in this … Continue Reading
On January 21, 2020, the Information Commissioner’s Office (ICO) published its final version of its Age Appropriate Design Code of Practice (the code). The code will be submitted to Parliament in the coming days, and, assuming there is no objection, will become effective approximately two months later. This blog post follows our previous update on … Continue Reading
The year 2020 promises to be an interesting one for privacy and data protection in Europe. In this post, we highlight four of the most important developments to watch this year: 1) we expect that European Union (EU) regulators will ramp up GDPR enforcement across the board, and with a particular focus on AdTech, cookies, … Continue Reading
Given Broad Definitions, the Law Could Apply to Businesses That Do Not Consider Themselves Data Brokers While amending the California Consumer Privacy Act of 2018 (CCPA) last term, the California legislature also passed a CCPA-related privacy bill that applies to “data brokers.” Assembly Bill 1202 (AB 1202) requires businesses that qualify as data brokers to register, pay … Continue Reading
The Information Commissioner’s Office (ICO) has confirmed that by November 23, 2019, it will present its Age Appropriate Design Code of Practice to the UK Parliament for approval. Unless Parliament objects, this mandatory code will be issued and in force (albeit with a transition period) as early as January 2020. The final code has been … Continue Reading
On October 10, 2019, the California Attorney General’s office issued the proposed text of its California Consumer Privacy Act (CCPA) regulations (the Regulations). The Regulations propose detailed rules regarding required notices for consumers, business practices for handling consumer requests, verification of requests, special rules regarding minors, and non-discrimination. Accompanying the Regulations are the Attorney General’s … Continue Reading
On October 1, 2019, the European Court of Justice (ECJ) delivered its judgment in Planet49 (C-673/17), holding that (1) website operators must obtain active opt-in consent to store or access cookies, (2) users must be informed about the retention period and the third party receiving the data, and (3) consent must be obtained regardless of … Continue Reading
On August 12, 2019, the Greek Ministry of Justice published the long-awaited, draft legislation for implementing the General Data Protection Regulation (GDPR). Greece and Slovenia are the only two European Union (EU) countries that have not yet implemented the GDPR. As an EU regulation, the GDPR has legally taken effect in every EU country, including … Continue Reading
On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through social media buttons and other embedded plugins. Although the ECJ found the operator and plugin provider to be jointly liable, the court placed the … Continue Reading
On July 5, 2019, the UK’s Data Protection Authority (ICO) issued its “Guidance on the use of cookies and similar technologies” (the Guidance) along with a brief explanatory blog post. At the same time the ICO updated its own website cookie notice and consent, leading by example. The ICO’s blog post makes clear that cookie … Continue Reading
In a notice issued July 17, 2019, the Federal Trade Commission (FTC) is seeking public comment on a wide range of issues related to the Children’s Online Privacy Protection Act and implementing Rule (COPPA). The FTC has also announced a public workshop to review the COPPA Rule, to be held on October 7, 2019.… Continue Reading
On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below).[1] The guidance clarifies the instances in which companies must obtain consent for the use of cookies and specifies the requirements for obtaining consent.… Continue Reading
The UK Supervisory Authority (the ICO) has had a headline-busting month. On July 9, 2019, the ICO announced its intention to fine Marriott International more than £99 million under the GDPR (General Data Protection Regulation) for a data breach which took place last year,[1] a figure that would have been record breaking had the ICO … Continue Reading
On June 28, 2019, the French Data Protection Authority (CNIL) released its 2019-2020 action plan on ad targeting (action plan);1 among other things, the CNIL announced that it will issue new cookie guidance later this month and that, once the guidance is published, companies will have a 12-month grace period to come into compliance. Background … Continue Reading
On July 8, 2019, the UK Information Commissioner’s Office (ICO) announced its intention to fine British Airways GBP 183.39 million over a data breach in which the personal data of approximately 500,000 customers was compromised.[1] If made final, the fine—equivalent to approximately U.S. $230 million—would be the biggest fine ever issued by the ICO as … Continue Reading
On July 9, 2019, the European Court of Justice (ECJ)—the highest court of the European Union—will hear oral arguments in the Schrems 2.0 case relating to the validity of two key data transfer mechanisms: the Standard Contractual Clauses (SCCs) and the EU-US Privacy Shield. Both of these mechanisms are widely used by companies in the … Continue Reading
On June 27, 2019, the EU Regulation on Information and Communication Technology (Cybersecurity Act or Act) became effective introducing, for the first time, EU-wide rules for the cybersecurity certification of products and services (Certification). The Certification may create a competitive advantage for companies that sell their products and services in the EU. Further, the Certification … Continue Reading
On June 20, 2019, the UK’s Data Protection Authority (ICO) published a report on adtech and real-time bidding. The report highlights the main problems faced by the industry when applying the General Data Protection Regulation’s (GDPR’s) stringent requirements, and calls for further engagement on these issues by the different adtech players in the space. Background … Continue Reading
Provides Detailed Specifications Both for Information Security Program and Third-Party Assessments On June 12, 2019, the Federal Trade Commission (FTC) announced it had reached a proposed settlement with LightYear Dealer Technologies, LLC (doing business as “DealerBuilt”) over allegations that the automobile software provider’s inadequate data security practices had resulted in a data breach in 2016.1 … Continue Reading
On May 29, 2019, in the midst of the legislative amendment process taking place in Sacramento for the California Consumer Privacy Act (CCPA), Nevada has passed its own CCPA-like privacy law, SB 220, taking effect on October 1, 2019, just three months before the CCPA becomes operative. The law’s main focus is to give consumers … Continue Reading
On May 22, 2019, a federal district court largely denied a facial challenge by Disney, Viacom, and several online advertising networks to claims alleging these defendants violated the privacy rights of children by collecting data through online gaming apps. In McDonald v. Kiloo APS,[1] the defendants consisted of two groups: the developers who created the … Continue Reading
On May 22, 2019, WSGR and the Future of Privacy Forum (FPF) co-hosted an event focusing on advertising technology and how to overcome the challenges of complying with evolving global privacy requirements. Jules Polonetsky from FPF opened the program, focusing on the evolution of online advertising, from contextual to programmatic behavioral advertising. WSGR attorneys Lydia … Continue Reading
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