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Regulatory Enforcement

California Mandates COVID Exposure and Outbreak Reporting to Employees, Government Agencies

September 23, 2020 By Aaron Wasser and Daniel Felz

On Thursday, September 17, 2020, California Governor Gavin Newsom signed Assembly Bill 685 (“AB685”) into law.  AB685 amends a number of portions of California’s Labor Code to address the COVID-19 pandemic.  In addition to provisions that regulate reopening activities at California worksites, AB685 introduces two new COVID-related notification obligations for California employers: (1) a requirement […]

Filed Under: Advisories, California, Cybersecurity, Health Privacy, Online Privacy, Privacy, Regulation Tagged With: Behavioral Tracking, Big Data, cybersecurity, Health Information Security, Regulatory Enforcement

EDPB Emphasizes Joint Controllership between Social Media Providers and ‘Targeters’ in Draft Guidance

September 10, 2020 By Paul Greaves

On September 7, 2020, the European Data Protection Board (‘EDPB’) published its draft guidelines on targeting of social media users (the ‘Guidelines’). The EDPB is accepting feedback from stakeholders on the Guidelines until October 19, 2020. The Guidelines not only provide guidance on the obligations of social media providers (‘Providers’) under the EU General Data […]

Filed Under: Data Protection, ePrivacy, GDPR, Privacy Tagged With: Behavioral Tracking, EU Data Protection, EU Privacy, EU Regulation, European Union (EU), GDPR, GDPR Implementation, Marketing, Regulatory Enforcement, Social Media

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

August 26, 2020 By Daniel Felz and Paul Greaves

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment (which we have previously covered here). This represents the first comprehensive guidance by a European privacy supervisor indicating how it intends to enforce the […]

Filed Under: Data Protection, Enforcement, International, Privacy, Uncategorized Tagged With: Cross-border, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems decision, Regulatory Enforcement

EU DPAs Announce Post-Schrems Enforcement Plans

July 16, 2020 By Daniel Felz

Today, the European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case.  As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard Contractual Clauses (SCCs) formally intact – although relying on SCCs may become more complicated than in the past. A number […]

Filed Under: Data Protection, Enforcement, GDPR, Privacy, Privacy Shield, Regulation Tagged With: Data Transfers, European Court of Justice, European Union (EU), GDPR, Germany, Max Schrems decision, Privacy Shield, Regulatory Enforcement

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

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