Privacy

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Apple recently announced that app developers must check a series of yes/no boxes that will generate a “nutrition label”-style summary of the app’s privacy practices. This new summary, formally called “App Privacy,” will be shown to users within the App Store before they install an app. This is the latest move in Apple’s ongoing effort to make privacy practices more transparent, and it requires app developers to take action now to ensure they can continue to update their apps after December 8, 2020. If developers take no action, their apps will essentially be frozen as they exist on that date.
Continue Reading Apple Requires Apps to Include New Privacy “Nutrition Label” by December 8, Delays Opt-In for Tracking Requirement Until Early 2021

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid,1 a case addressing a split among federal circuit courts as to what constitutes an “automatic telephone dialing system”—often referred to as an “autodialer”—under the Telephone Consumer Protection Act (TCPA).2 The Court’s decision could significantly reduce the risk of TCPA litigation directed at online platforms and apps with text messaging functionality.
Continue Reading U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

In a security advisory this past weekend, SolarWinds disclosed that its systems experienced a highly sophisticated supply chain attack on versions of its Orion network monitoring products released between March and June 2020. The New York Times has reported that it is highly likely that the Russian intelligence unit known as Cozy Bear, or A.P.T. 29, carried out the attack, which involved inserting malicious code into automatic product updates to allow the attackers to gain a foothold in networks, impersonate highly privileged accounts, and blend their reconnaissance traffic with legitimate activity. The U.S. government has not commented on attribution at this time.
Continue Reading Does the SolarWinds Supply Chain Attack Affect Your Company? Legal Considerations for Responding to the Massive Cybersecurity Incident

On November 12, 2020, the European Commission (EC) issued a draft version of a new set of Standard Contractual Clauses (New SCCs). The long-awaited New SCCs include several modules that companies can use depending on the transfer scenarios, such as controller-to-controller, controller-to-processor, and processor-to-processor data exports. The New SCCs have also been updated to reflect the high standard for data protection set forth in the General Data Protection Regulation (GDPR) and to take into account the requirements resulting from the Schrems II ruling.
Continue Reading European Commission Issues New SCCs for Data Transfers to Third Countries

On November 11, 2020, the European Data Protection Board (EDPB), comprised of the European data protection regulators (DPAs), issued two long-awaited sets of recommendations. These recommendations are critical for any companies exporting or importing EU personal data.
Continue Reading EDPB Publishes Draft Recommendations on Supplementary Measures for Data Transfers

In a long anticipated ruling, the Court of Justice of the European Union (CJEU) confirmed on October 6, 2020 (joint-cases C-623/17 and C-511/18 et seq., “Ruling”) that general and indiscriminate transmission or retention of traffic and location data for law enforcement and national security purposes breaches EU law.
Continue Reading The CJEU Condemns Broad Data Access by UK, French, and Belgian Law Enforcement and Intelligence Services