On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and ordered Meta Platforms Ireland Limited (Meta) to suspend any EU-U.S. transfers of personal data within approximately five months. Meta was … Continue Reading
On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in cyberspace and to disrupt the networks of criminals behind cyberattacks. It also seeks to establish, harmonize, and streamline regulations to secure critical infrastructure, as well … Continue Reading
Since the invalidation of the Privacy Shield framework in 2020 in the “Schrems II” case, the EU and the U.S. have been working to set up a new framework for data flows from the EU to the U.S. A draft of a new “Data Privacy Framework” (DPF), which is designed to serve as the basis … Continue Reading
On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or honor—consumers’ opt-out requests to stop selling their data under the California Consumer Privacy Act (CCPA). According to the California AG’s tweet, the … Continue Reading
Given that cyberattacks continue to be sophisticated and severe, and cybersecurity continues to be a top concern for regulators, consumers, business partners, and investors, companies should be proactive and devote adequate resources to their security practices and incident response. In addition to the litigation and reputational risks that companies face if they are perceived as … Continue Reading
On December 6, 2022, the European Union’s (EU) Regulation on Artificial Intelligence (AI Act) progressed one step towards becoming law when the Council of the EU (the Council) adopted their amendments to the draft act (Council General Approach). The European Parliament (Parliament) must now finalize their common position before interinstitutional negotiations can begin.… Continue Reading
On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework (Framework), a replacement for the defunct EU-U.S. Privacy Shield (Privacy Shield). The next stage in the process is for the European Commission (EC), with input from the … Continue Reading
On September 15, 2022, the European Commission (EC) published a Proposal for a Cyber Resilience Act (CRA Proposal) that sets out new rules in the European Union (EU) for software and hardware products and their remote data processing solutions. The CRA Proposal introduces mandatory cybersecurity-related requirements and reporting obligations, including about product vulnerabilities, for manufacturers, … Continue Reading
On August 10, 2022, the Consumer Financial Protection Bureau (CFPB) issued a final Interpretive Rule stating that the Consumer Financial Protection Act (CFPA) applies to companies engaged in targeted advertising of financial products and services. Because the CFPB considers these companies to be covered by the CFPA, they would be subject to civil money penalties … Continue Reading
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 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
FTC Activities in 2021 and Likely Trends for 2022 2021 saw the kickoff of the Khan era at the Federal Trade Commission (FTC). During FTC Chair Lina Khan’s first nine months on the job, she has announced privacy and security initiatives that offer important insights into her priorities. Companies should pay close attention to FTC … Continue Reading
The Dutch supervisory authority (the Autoriteit Persoonsgegevens or AP) sanctioned the online travel booking platform, Booking.com BV (Booking), with a EUR 475,000 fine for failing to notify a data breach to the AP within 72 hours after becoming aware of it, as required by the EU General Data Protection Regulation (GDPR). The decision is available … Continue Reading
On January 12, 2021, the District Court of the District of Columbia was the latest court to grant a motion to compel production of a forensic report prepared by an external security-consulting firm in data breach litigation.1 This case involved a cyberattack on a law firm that led to the public dissemination of the confidential information … Continue Reading
On December 15, 2020, the European Commission (EC) unveiled a set of proposals to regulate digital platforms. The draft laws include antitrust-related requirements, addressed by the Digital Markets Act (DMA) and more general regulatory requirements, addressed in the Digital Services Act (DSA). The DMA/DSA package will apply to all digital services, including social media, online … Continue Reading
On March 11, 2020, the California Attorney General issued further revisions to the proposed regulations implementing the California Consumer Privacy Act (CCPA). For context, in passing the CCPA, the legislature directed the California Attorney General to solicit broad public participation and adopt regulations to further the purposes of the CCPA. On October 11, 2019, the California Attorney … Continue Reading
On February 7, 2020, the European Data Protection Board (EDPB) published draft guidelines on the processing of personal data in the context of connected vehicles and mobility related applications. If adopted in their current form, the draft guidelines will have far-reaching consequences for connected vehicles and mobility applications that operate in Europe. They contain detailed interpretations of … 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 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 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
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
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
