Since the passing of the California Consumer Privacy Act (CCPA) in 2018, California has led the nation in privacy regulation and enforcement. But, beginning July 1, 2024, Texas will be the new sheriff in town. On July 1, Texas’ Data Privacy and Security Act goes into effect as one of the strongest…
As we kick off 2024, many of us are wondering what this year’s hot topics and trends will be in the privacy and cybersecurity sector. Will AI continue to be the trendsetter, even among privacy regulators? And what will businesses do to keep up to date with all emerging laws,…
On December 14, 2023, the EU Court of Justice (“CJEU”) issued its first ever ruling on the scope of data security requirements under the GDPR. In VB v. NAP, the CJEU held that an organization is not liable for a security breach unless it failed to implement appropriate security measures….
On 22 May 2023, the Irish Data Protection Commission (“DPC”) fined Facebook parent Meta EUR 1.2 billion for transferring personal data to the U.S. in violation of GDPR. The DPC also ordered Meta to suspend further transfers unless it can bring such transfers into compliance within 5 months. Meta is…
On January 12, 2023, the Court of Justice of the European Union (“CJEU”) ruled in case C-154/21 | Österreichische Post AG that controllers must provide the specific identity of any “recipient” of personal data in response to a GDPR access request. While the GDPR itself states that controllers may inform…
On December 13, 2022, the European Commission published a draft adequacy decision on the EU-US Data Privacy Framework (the “Framework”), the successor to the EU-US Privacy Shield Framework that was famously struck down by Europe’s top court two years ago. While the purpose of the draft adequacy decision, once adopted,…
UPDATE: On October 7, 2022, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities,” establishing new privacy safeguards and oversight mechanisms for foreign intelligence that will form the basis of a new EU-U.S. Data Privacy Framework (“DPF”). The DPF, which President Biden and European…
Businesses barely had time to recover from a hectic privacy summer, with U.S. privacy legislation making progress on the Hill and the U.S. Federal Trade Commission’s launch of a sweeping rulemaking initiative, when California Attorney General Rob Bonta dropped a bombshell: The first enforcement settlement under the California Consumer Privacy Act. Pursuant…
On August 11, 2022, the FTC issued an Advanced Notice of Proposed Rulemaking (ANPR) to request public comment on commercial privacy and security practices and their effects on consumers. The ANPR is a first – and tentative – step towards the development of privacy and data security regulations that would,…
On March 25, 2022, President Biden and the President of the European Commission (“EC”) von der Leyen announced that the US and EU reached an agreement in principle on a new Trans-Atlantic Data Privacy framework for transatlantic data flows (the New Framework). The parties now need to translate the consensus…