The EU’s General Data Protection Regulation (GDPR) has been raised in a petition for certiorari before the US Supreme Court, apparently for the first time since the GDPR entered into application in 2018. A party in Vesuvius USA Corp. v. Phillips has filed a petition for certiorari in a GDPR-related discovery dispute. Of course, since […]
Data Protection
NYDFS Reports Major Cybersecurity Settlement
In early March, the New York Department of Financial Services (NYDFS) announced a settlement involving a $1.5M penalty and mandatory remediation in response to a mortgage lender’s alleged failure to report a cyber breach, and other alleged cybersecurity failures. This enforcement action marks the second public enforcement action under 23 NYCRR Part 500 (the “Cybersecurity […]
European Commission Adopts Draft UK Adequacy Decision
On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from EEA countries to the UK under the EU GDPR. Once (and if) the final adequacy decision is […]
Virginia Ready to Pass First State Privacy Statute after CCPA
Both houses of Virginia’s legislature recently passed the Virginia Consumer Data Protection Act (S.B. 1392; H.B. 2307) (the “VCDPA”). If approved by the state governor, the VCDPA would become the United States’ second comprehensive state privacy law behind the California Consumer Privacy Act (CCPA). The VCDPA is similar to the CCPA and the European Union’s […]
The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways
When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]