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Dorian Simmons

Brazil’s General Data Protection Law: A Comparison Between Brazil’s Newly Effective Law and the GDPR

September 19, 2020 By Dorian Simmons

Brazil’s General Data Protection Law (the “LGPD”), a law similar to the European Union’s General Data Protection Regulation (the “GDPR”) is now effective.  On April 29 of this year, Brazil’s President issued Provisional Measure 959 that, amongst other things, postponed the effective date of the LGPD, which was originally set to be effective August 2020, […]

Filed Under: Adtech & Digital Tracking, Board Governance & Cyber Risk Management, Crisis & Data Breach Response, European Privacy & Cybersecurity, Privacy & Cyber Regulatory Enforcement, Privacy & Cybersecurity Litigation Tagged With: ANPD, Brazil, LGPD

California Passes Bill Extending Exemptions for Employment and Business-to-Business Information Under the CCPA

August 31, 2020 By Dorian Simmons

On Friday, August 28, the California state legislature passed Assembly Bill 1281 (“AB 1281”), potentially extending until January 1, 2022 the partial exemptions for employment and business-to-business data under the California Consumer Privacy Act (the “CCPA”).  AB 1281 only takes effect if the California Privacy Rights Act of 2020 (the “CPRA”), an initiative to amend […]

Filed Under: Adtech & Digital Tracking, California Privacy & the CCPA, Privacy & Cyber Regulatory Enforcement Tagged With: CPRA

The NYDFS Brings First Enforcement Action under the Cybersecurity Regulation

July 27, 2020 By Kim Peretti and Dorian Simmons

On Tuesday, July 21, 2020, the New York Department of Financial Services (the “NYDFS”) brought its first enforcement action under its Cybersecurity Regulation (the “Regulation”) against a large title insurer (the “Company”) for failing to protect sensitive personal information.  The NYDFS is seeking civil monetary penalties, an order requiring the Company to remedy the alleged […]

Filed Under: Board Governance & Cyber Risk Management, Privacy & Cyber Regulatory Enforcement

‘Schrems II’ backs the European legal regime into a corner — How can it get out?

July 16, 2020 By Dorian Simmons

On July 16, the Court of Justice of the European Union struck down the EU-U.S. Privacy Shield in the ‘Schrems 2.0’ Case (Facebook Ireland and Schrems (Case C-311/18)).  In an article for the International Association of Privacy Professionals, Alston & Bird Senior Counsel Peter Swire analyzes the decision and discusses potential implications, including those relating […]

Filed Under: Board Governance & Cyber Risk Management, Consumer Protection/FTC, European Privacy & Cybersecurity, National Security & Digital Crimes

California Amends Bill to Extend Exemptions for Employment and Business-to-Business Information under the CCPA

July 2, 2020 By Dorian Simmons

Even as enforcement of the California Consumer Privacy Act (the “CCPA”) begins, there is uncertainty as to whether and when employment information and business-to-business data will become fully subject to the CCPA.  On Thursday, June 25, the California state Senate amended Assembly Bill 1281 (“AB 1281”) to extend until January 1, 2022 exemptions from the […]

Filed Under: California Privacy & the CCPA, Privacy & Cyber Regulatory Enforcement

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