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
On May 1, 2019, WSGR convened a panel of regulators and experts to discuss recent developments in European data protection law. The panel, moderated by Cédric Burton, featured Bruno Gencarelli, head of the International Data Flows and Protection Unit of the European Commission, Isabelle Vereecken, head of the Secretariat of the European Data Protection Board … Continue Reading
On May 1, 2019, WSGR held a panel discussing state and federal legislative privacy developments, including the California Consumer Privacy Act (CCPA). The panel, moderated by Chris Olsen, featured Ashkan Soltani, former chief technologist at the Federal Trade Commission (FTC), and Shaundra Watson, the senior director for policy at BSA (The Software Alliance). Here are … Continue Reading
On May 1, 2019, WSGR held an event in which regulators and experts discussed privacy developments in the U.S. and Europe. The first session featured a fireside chat with the Federal Trade Commission’s (FTC’s) Bureau of Consumer Protection Director, Andrew Smith, on “The State of Play at the FTC on Privacy.” In case you missed … Continue Reading
On April 25, 2019, the new chairman and the four directors of the new Belgian data protection authority were sworn in before the Belgian Parliament. This marks a new era for data protection law in Belgium. Background Following the effective date of the General Data Protection Regulation (GDPR) on May 25, 2018, the Belgian Privacy … Continue Reading
On April 15, 2019, the French Data Protection Authority (CNIL) published its 2018 activity report and announced its 2019 enforcement agenda. The CNIL’s message is clear: if some leniency was tolerated in 2018, this transitional period for GDPR enforcement is now over. Going forward, the CNIL will adopt a stricter approach when investigating companies’ GDPR … Continue Reading
On March 21, 2019, the Advocate General (AG) of the highest EU Court (the Court of Justice of the European Union (CJEU)) issued an opinion (opinion) in the Planet49 case[1] on what constitutes valid consent for cookies under the Data Protection Directive, the GDPR, and the e-Privacy Directive. In particular, the AG opines that: 1) … Continue Reading
On March 20, 2019, WSGR partner Cédric Burton and Of Counsel Lore Leitner hosted a webcast, “Brexit and Its Implications for Data Protection.” In this webcast, Burton and Leitner break down the potential far-reaching effects of the United Kingdom’s pending exit from the European Union on businesses operating in the UK and EU. In this … Continue Reading
On January 23, 2019, the European Data Protection Board (EDPB) issued an opinion (Opinion) on the interplay between the Clinical Trial Regulation (CTR) and the General Data Protection Regulation (GDPR), an issue which has been the subject of intense debate and that resulted in a draft, and still non-public, FAQ prepared by the EU Commission. … Continue Reading
On September 23, 2018, Governor Jerry Brown signed into law SB-1121, a bill that makes several amendments to the California Consumer Privacy Act (CCPA or the Act). The controversial privacy law, which is set to take effect in 2020, recently sparked a war of words among industry, privacy advocates, and the California Attorney General, each … Continue Reading
Recently, Vermont became the first state to enact legislation that regulates data brokers who buy and sell personal information. Under the new law, data brokers in Vermont will now have to register with the state, adopt standard security measures, and provide information to the state regarding their data collection practices. The law was passed in … Continue Reading
California Signs the First IoT Security Bill into Law, and the FTC Submits Comments to the Consumer Product Safety Commission Regarding the IoT California’s New IoT Law On September 28, 2018, California Governor Jerry Brown signed into law a cybersecurity bill governing Internet of Things (IoT) devices, the first law of its kind in the … Continue Reading
In July 2018, the French data protection authority (the CNIL) issued two public formal notices against two marketing platform providers— Teemo1 and Fidzup2—for failing to obtain valid consent under the General Data Protection Regulaton (GDPR) for the use of location data for profiling and targeted advertising.3 The CNIL gave the two French companies three months … Continue Reading
On September 1, 2018, a new Colorado law took effect that, among other things, amends the state’s data breach law to: (1) expand the scope of the categories of “personal information” that trigger notification requirements; (2) require notification to residents and the state attorney general no more than 30 days after determining that a security … Continue Reading
The U.S. Supreme Court has handed down a major decision, Carpenter v. United States,1 concerning the Fourth Amendment’s application to the rapidly evolving technological landscape. The 5-4 decision dramatically alters the status quo concerning government requests for data about individuals that is collected and held by third parties. Under Carpenter, personal location information maintained by … Continue Reading
The U.S. District Court for the Northern District of California recently ruled that a certified class action on behalf of Illinois Facebook users alleging that the social network unlawfully collects biometric data from photo tagging will go forward, denying both parties’ summary judgment motions. This case is one of the first major tests of the … Continue Reading
In the latest episode of the WashingTECH Tech Policy Podcast, one of the leading national podcasts focused on tech law and policy debates driving the technology and communications sectors, Lydia Parnes, chair of the privacy and cybersecurity practice at Wilson Sonsini Goodrich & Rosati, discusses the state of privacy law after the Eleventh Circuit’s recent decision … Continue Reading
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