Key Takeaways from European Data Protection Board’s Schrems II Guidance
202007.30
0

Key Takeaways from European Data Protection Board’s Schrems II Guidance

Roughly a week after the Court of Justice of the European Union’s (CJEU or Court) Schrems II decision was released, the European Data Protection Board (EDPB) published Guidance addressing some frequently asked questions received by Data Protection Authorities (DPAs).  Key points from the EDPB’s Guidance include the following: Implications on Other Transfer Mechanisms.  The threshold…

EU High Court Invalidates Privacy Shield, SCC’s Survive (for Now):  What Organizations Seeking to Transfer EU Personal Data to the U.S. (and Elsewhere) Should Do Next
202007.17
0

EU High Court Invalidates Privacy Shield, SCC’s Survive (for Now): What Organizations Seeking to Transfer EU Personal Data to the U.S. (and Elsewhere) Should Do Next

Yesterday, the Court of Justice of the European Union (“CJEU” or “Court”) reached a landmark decision in the Schrems II case (case C-311/18) (the “Schrems II Decision”) invalidating the EU-U.S. Privacy Shield framework.  The following are our top takeaways from the CJEU’s decision: Invalidation of the Privacy Shield in its entirety, effective immediately.  The CJEU…

Mitigating Vendor Privacy & Security Risks During Pandemic
202006.22
0

Mitigating Vendor Privacy & Security Risks During Pandemic

In the wake of COVID-19, many organizations found themselves transitioning to the remote world of telework. Just months later, as states begin lifting precautionary stay-at-home orders, organizations find themselves straddling the transition back to work-as-usual in a COVID-19 conscious world, as well as balancing continued telework operations. As organizations strive to reboot day-to-day physical operations,…

202006.03
0

U.S. Return to Work Checklist

Click here to access our U.S. Return to Work Checklist addressing workplace safety obligations, anti-discrimination obligations, employee accommodation and leave obligations, data protection and privacy obligations, and record retention obligations for employers as they bring employees back to work as state “Stay at Home” orders related to COVID-19 are lifted.

The CPRA Ballot Initiative: Is It Time to Begin Preparing for CCPA 2.0?
202006.02
0

The CPRA Ballot Initiative: Is It Time to Begin Preparing for CCPA 2.0?

in CCPA

California citizens will most likely be asked to vote this November on a new privacy protection ballot initiative—the California Privacy Rights Act (“CPRA,” aka “CCPA 2.0”).  This latest measure aims to more closely mirror the EU’s General Data Protection Regulation (“GDPR”) by establishing broader consumer privacy rights than the current California Consumer Privacy Act (“CCPA”)…

COVID-19 Will Not Delay Enforcement of the CCPA Act
202005.12
0

COVID-19 Will Not Delay Enforcement of the CCPA Act

California’s Attorney General, Xavier Becerra (the AG), has no plans to delay enforcement of the California Consumer Protection Act (CCPA or the Act) during the COVID-19 public health emergency. Although the CCPA went into effect on January 1, 2020, the statute does not authorize enforcement of the Act to begin until July 1, 2020, or…

Pandemic Privacy: COVID-19 Consumer Data Protection Act to be Introduced in Congress
202005.05
0

Pandemic Privacy: COVID-19 Consumer Data Protection Act to be Introduced in Congress

On April 30, 2020, Senator Roger Wicker (R-Miss.), chairman of the U.S. Senate Committee on Commerce, Science, and Transportation announced his plan to introduce the “COVID-19 Consumer Data Protection Act.” The bill, which is co-sponsored by three Republican Senators—Senator John Thune (R-S.D.), Senator Jerry Moran (R-Kan.), and Senator Marsha Blackburn (R-Tenn.)—aims to protect consumer geolocation…

The Fight Against Data Scraping: Why LinkedIn’s Appeal to the Supreme Court Should Matter to Anyone Who Uses Social Media
202001.31
0

The Fight Against Data Scraping: Why LinkedIn’s Appeal to the Supreme Court Should Matter to Anyone Who Uses Social Media

LinkedIn is challenging the U.S. Court of Appeals for the Ninth Circuit’s September ruling that the data aggregation and analytics company, hiQ Labs, Inc., can “scrape” personal data of users from LinkedIn’s platform, analyze the data, and sell its findings to employers.  Earlier this month, the Supreme Court granted an extension for LinkedIn to submit…

201910.25
0

Laura Clark Fey Presented on Data Breach Risk Prevention

Laura Clark Fey presented Lessons Learned from Recent Data Breaches & Ten Critical Steps to Reduce Your Organization’s Risk of Becoming the Next Data Breach Victim at the Association of Corporate Counsels, Mid-America Chapter, on October 9, 2019, at Omaha, Nebraska. Huge data breaches continue to make headlines. Billions of personal data records have been…

California AG Releases Proposed CCPA Regulations: Here’s What You Should Know
201910.11
0

California AG Releases Proposed CCPA Regulations: Here’s What You Should Know

On October 10, the California Attorney General released the long-awaited proposed regulations (“CCPA Regulations” or “Regulations”) for the California Consumer Privacy Act (“CCPA”).  As noted in the press release announcing the CCPA Regulations, the Regulations are intended to operationalize the CCPA, provide additional guidance to consumers and businesses subject to the CCPA, and address some…