On February 28, 2024, President Biden signed Executive Order 14117 (the Order) aimed at protecting Americans’ sensitive personal data and U.S. Government-related data from exploitation by “countries of concern.” This move constitutes a transformative overhaul in the U.S. approach to data regulation and creates the foundation for a comprehensive regulatory structure governing U.S. data.Continue Reading New Executive Order Restricts Certain Cross-Border Transactions Involving Sensitive Personal Data of U.S. Citizens

Individuals are increasingly making use of their right to access their personal data under applicable privacy laws in the EU.

It can be a challenge for companies to handle such requests, and in particular, if a request concerns a complex data set, there are a high number of requests, or the right is exercised for strategic reasons, such as in HR or legal disputes. The right of access is, however, not absolute, and its restrictions vary across Member States, adding further complexity to the matter. How to handle such requests and apply these restrictions is commonly set out in internal policies and procedures. We set out below the current landscape as well as a recent enforcement trend.Continue Reading Weaponization of Data Subject Access Requests in the EU

On October 27, 2023, the Federal Trade Commission (FTC) announced it is amending the Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA) to include a requirement for non-bank financial institutions to report certain data breaches and other security events to the agency.Continue Reading FTC Amends Safeguard Rule with Requirement for Non-Banking Financial Institutions to Report Data Security Breaches

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

Continue Reading California AG Targets Mobile Apps for Failing to Honor or Provide Mechanism for Opt-Out Requests

So you’re a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you’re a tech company that is getting into the payments space. Where do you start when it comes to figuring out what consumer protection laws apply to you? You should be aware that, for the past several years, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) have been actively enforcing consumer protection laws in the fintech space. For example, the FTC has recently brought cases involving an online lender that allegedly charged undisclosed fees, a mobile banking app that falsely promised high interest rates and 24/7 access to funds, promoters of cryptocurrency money-making schemes, and tech platforms offering in-app purchases. The CFPB most recently shuttered a VC-backed online lender for false advertising related to interest rates and loan amounts. Earlier last year, the CFPB had obtained refunds and a civil penalty against a fintech company for enabling merchants to obtain loans for consumers without their authorization.
Continue Reading Fintech and Financial Privacy: Regulatory Developments on the Use of Financial Data

On November 10, 2021, the UK Supreme Court ruled[1] that class representatives in data privacy class action suits need to prove damage or distress suffered to be successful. Compensation cannot be granted simply by virtue of proving that a company violated the law. The case was heard under the UK’s pre-2018 data protection law, but the UK GDPR arguably does not change the essence of the Court’s ruling.[2]
Continue Reading Lloyd v. Google: UK Supreme Court Rejects Data Protection Class Action in Landmark Ruling

On April 21, 2020, the European Data Protection Board (EDPB) published two sets of guidelines addressing data processing in the context of the COVID-19 pandemic. These guidelines address the use of location data and contact tracing tools to combat the spread of COVID-19 and the use of health data for the purposes of scientific research into COVID-19 (together, the guidelines).

Since March 2020, the EDPB and the European Commission (EC) have been active in addressing the use of data to combat the COVID-19 pandemic. The EC released its recommendation regarding contact tracing apps and the use of mobility data on April 8, while the EDPB issued a letter on April 14 addressing the same issue. The EC then published specific guidance regarding the use of COVID-19 mobile apps. In these most recent guidelines, the EDBP further elaborates on the signposts provided in its earlier letter and provides specific guidance on the deployment of contact tracing apps as well as the re-use of information for scientific research purposes.
Continue Reading EDPB Publishes Guidelines on COVID-19 Related Data Usage