On June 3, 2022, members of the U.S. Congress released a bipartisan, bicameral discussion draft of a comprehensive national data privacy and data security framework. The draft is notable in that it reflects a compromise on the two issues that have for years vexed lawmakers angling for federal privacy legislation: preemption and private right of … Continue Reading
On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding … Continue Reading
On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, “for the first time,” that the DOJ “should decline prosecution” of “good faith” security research, even if said research involves a technical violation of the CFAA.1 The … Continue Reading
EU lawmakers are preparing a new Artificial Intelligence Act (AIA). Timing for adoption remains unclear, but once the AIA enters into force, it will impose strict obligations on providers and users of AI systems. In the meantime, EU regulators have started issuing fines against companies using AI systems on the basis of the EU General … Continue Reading
Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (SB 6) (CPOMA).1 Substantively, CPOMA largely tracks the Colorado Privacy Act (ColoPA) and Virginia Consumer Data Protection Act (VCDPA). CPOMA’s substantive provisions … Continue Reading
Last week, the Federal Trade Commission (FTC) and the District Attorneys of Los Angeles County and Riverside County agreed to an order to settle claims against Frontier Communications Intermediate, LLC and its parent company, Frontier Communications Parent, Inc. (collectively, Frontier). The plaintiffs alleged that Frontier promised internet speeds that Frontier did not deliver. The order, approved by … Continue Reading
As a fintech company, platform offering payment services, or a cryptocurrency business, you may be used to operating in uncharted waters; the Consumer Financial Protection Bureau (CFPB), however, is ready to start drawing some maps. It has announced that it will begin to exercise its supervisory authority over non-bank consumer financial entities that the CFPB has reason … Continue Reading
In anticipation of its new powers to regulate the largest digital platforms, the EU is planning to open a San Francisco base to engage with these companies, which are based mostly in Silicon Valley and the broader Bay Area. The EU’s plans to open its first representative office on Californian soil reflects the EU’s intent … Continue Reading
On April 12, 2022, the U.S. Consumer Financial Protection Bureau (CFPB) filed a lawsuit against TransUnion, two of its subsidiaries, and former TransUnion executive John Danaher in his individual capacity for violating an enforcement order. That order, from January 2017, was part of a settlement in which TransUnion agreed to pay $16.9 million in restitution … Continue Reading
On April 19, 2022, the BBB National Programs’ Center (BBB NP) for Industry Self-Regulation launched the TeenAge Privacy Program (TAPP) Roadmap, a new operational framework to help companies develop digital products and services attuned to privacy risks facing teenage consumers. In the United States, children 12 and under are protected by the Children’s Online Privacy … Continue Reading
On April 12, 2022, the Colorado Attorney General’s Office released “Pre-Rulemaking Considerations for the Colorado Privacy Act,” which provides a series of topics and questions for which the office seeks informal public feedback.1 Here is what you need to know: The Colorado Attorney General’s Office is currently seeking informal input to guide its future rulemaking efforts. While, at … Continue Reading
The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on amendments to the original Proposal, the presidents of the main EU institutions (the Parliament, Council, and Commission) reached a political agreement on the final … Continue Reading
On March 25, 2022, the U.S. and EU announced that they reached a political agreement in principle on a new “Trans-Atlantic Data Privacy Framework” (the Framework). This would be the third framework for EU-U.S. personal data transfers, after the invalidation of the Privacy Shield in 2020 and of its predecessor, the Safe Harbor, in 2015. … Continue Reading
As the United States cautiously emerges from the depths of the pandemic, researchers are forecasting double-digit gains in ad spending for 2022. If you’re part of the wave of companies developing new advertising campaigns, you’ll want to brush up on legal requirements designed to ensure that your ads are truthful, fair, and evidence-based. Failure to … Continue Reading
On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules that would require current and periodic reporting of material cybersecurity incidents as well as more detailed disclosure of cybersecurity risk management, expertise, and governance. This alert summarizes the proposed changes, which are subject to public comment until the later of May 9, 2022 … Continue Reading
Thinking of creating a non-fungible token (NFT) marketplace? You’re not alone. Global NFT transactions have risen from $40.96 million in 2018 to around $25 billion in 2021. Organizations from the NBA to Taco Bell have begun implementing NFT strategies. As blockchain-native artifacts, NFTs’ immutability, digital scarcity, and transferability have catalyzed growing interest among consumers and businesses alike, inspiring … Continue Reading
The EU Parliament and the EU Council recently adopted their respective versions of the Digital Markets Act (DMA) and Digital Services Act (DSA), which intend to create new antitrust-related (DMA) and regulatory (DSA) rules applicable to digital platforms.1 The adoption of the draft amendments by the EU Parliament and the EU Council constitutes a critical … Continue Reading
On February 2, 2022, the UK privacy regulator (i.e., the Information Commissioner’s Office or the ICO) issued new model clauses to support data transfers from the UK. Subject to approval by the UK Parliament, the new model clauses will become effective March 21, 2022. Companies transferring personal data outside the UK will have until March … Continue Reading
On February 2, 2022, the Belgian Data Protection Authority (DPA) found that the Interactive Advertising Bureau Europe (IAB) Transparency & Consent Framework (TCF), a tool used to record individuals’ online ad preferences, violates the General Data Protection Regulation (GDPR). The DPA fined IAB Europe €250,000 (approx. USD 280,000), and required IAB Europe to present an … Continue Reading
The Colorado Attorney General’s office is poised to begin the rulemaking process for the Colorado Privacy Act (ColoPA).1 On January 28, 2022, Colorado Attorney General Phil Weiser issued prepared remarks outlining key rulemaking topics and announcing plans to seek input from Colorado consumers, businesses, and other stakeholders over the coming months. Although the ColoPA does not come into … Continue Reading
Imagine you receive an inquiry from a state Attorney General (AG) about your privacy or security practices, and you aren’t sure what to do next. Maybe it’s because you have been concentrating on compliance efforts related to the California Privacy Rights Act (CPRA) and other new state privacy laws coming into effect, and you haven’t … Continue Reading
They State That Direct Collection of Personal Data by Non-EU Companies Is Not a “Data Transfer” Under the GDPR On November 18, 2021, the European Data Protection Board (EDPB) issued guidelines (Guidelines) that—for the first time—clarify the notion of “data transfer.” Departing from common understanding, the EDPB has determined that there is no data transfer … Continue Reading
On October 13, 2021, the French data protection authority (the CNIL) issued a short note (the “Note,” in French) on technologies such as fingerprinting, unique identifiers, and cohort-targeting, developed to replace traditional third-party cookies. While the CNIL acknowledges that some of these technologies are less privacy invasive than third-party cookies, it stresses that the consent … Continue Reading
As of September 27, 2021, companies relying on Standard Contractual Clauses (SCCs) to transfer personal data outside the European Union (EU) must use the new Standard Contractual Clauses (New SCCs) when signing data processing agreements. As a result, it is time to update template data processing agreements to ensure that your company can meet this … Continue Reading
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