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Legislation

Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses

July 16, 2020 By Paul Greaves and Wim Nauwelaerts

Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]

Filed Under: China, Data Protection, Data Security, FTC, International, Legislation, National Security, Online Privacy, Privacy, Privacy Shield Tagged With: EU Data Protection, EU Regulation, European Court of Justice, European Union (EU), Federal Trade Commission (FTC), GDPR, International Data Transfers, Max Schrems decision, Regulatory Enforcement

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, CCPA, Legislation, Privacy

California Privacy Rights Act (CPRA) Will be on November Ballot

June 25, 2020 By Daniel Felz

The California Secretary of State has announced that the California Privacy Rights Act (CPRA) will be on California’s November 3, 2020 ballot.  If approved by California voters, the CPRA would significantly update and amend the California Consumer Privacy Act (CCPA) that went into effect at the beginning of this year.  The organization that submitted the […]

Filed Under: Ballot Initiatives, CCPA, Data Protection, Legislation, Privacy Tagged With: California Consumer Privacy Act (CCPA)

The FTC Expands its FCRA Enforcement Activity In Action Against Retailer

June 15, 2020 By Kathleen Benway and Jon Knight

Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information.  However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light.   This provision—codified […]

Filed Under: Enforcement, Financial Privacy, FTC, Legislation

Proposed Federal Privacy Legislation Tackles COVID-19 Data

May 21, 2020 By Jon Knight

Data collection and analysis is becoming a key weapon in the fight against COVID-19 both here in the United States and around the globe.  But as governments and tech companies roll out a variety of applications and contact tracing tools, legislators from both sides of the political aisle are questioning how to handle the data […]

Filed Under: Health Privacy, Legislation, Mobile Privacy, Privacy Tagged With: Coronavirus, COVID-19, privacy legislation, private right of action

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