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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 Parnes, Cédric Burton, Libby Weingarten, and Lore Leitner discussed the legal regime that applies to this technology: new legal requirements, recent case law, and data protection authorities’ decisions affecting the ad tech ecosystem, as well as the differences between EU and U.S. legislation applying to ad tech.Continue Reading WSGR Event Recap: Online Advertising and Privacy—An Overview of Global Legal Developments

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 (EDPB), and Dr. Christopher Kuner, senior privacy counsel at WSGR.
Continue Reading WSGR Event Recap: The State of Play in European Data Protection Law

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 it, here are the key takeaways from the discussion:

  • More specificity in data security orders. Director Smith noted that we should expect to see more specificity in data security orders moving forward, particularly after the Eleventh Circuit’s decision in LabMD.1 He mentioned that the FTC’s approach to post-LabMD orders is still evolving, but the next data security order entered will likely reflect the FTC’s new approach.

Continue Reading WSGR Event Recap: The State of Play at the FTC on Privacy

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 Commission was restructured into a Supervisory Authority under the GDPR, thus becoming the Belgian Data Protection Authority. It was given new enforcement powers, including the ability to impose fines up to €20 million or 4 percent of total worldwide annual turnover (whichever is higher).Continue Reading Belgian Data Protection Authority Is Up and Running

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 compliance and make full use of its enforcement powers, including the power to fine.

Background

As of May 25, 2018, the EU General Data Protection Regulation (GDPR) imposes new and strict obligations on companies processing personal data. Most EU privacy regulators adopted a somewhat lenient approach when enforcing the new rules. Beside the €50 million fine against Google in early 2019, the CNIL has not made broad use of its enforcement powers since the GDPR became effective. All in all, 2018 was a transition year to allow companies to bring their practices into compliance.Continue Reading The French Data Protection Authority Announces Stricter Enforcement

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 breach has occurred; and (3) specify what must be included in these notifications.1 In addition, the statute requires entities that maintain, own, or license personal identifying information (PII) to implement and maintain reasonable security practices and procedures to secure PII and impose similar security obligations on third party service providers with which the entity shares PII. Finally, the law amends Colorado’s data disposal law to clarify the appropriate procedure for disposing of documents that contain PII. The passage of the Colorado law serves as a reminder that not only do state data breach notification requirements vary, but state laws also change over time in significant ways. Companies are well-advised to continue monitoring state laws for such changes.
Continue Reading New Colorado Law Takes Effect That Includes Strict 30-Day Data Breach Notification Requirement