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Goodwin’s 2024 Data, Privacy & Cybersecurity Outlook

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,…

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EU Court of Justice Confirms GDPR Security Measures Can Be “Appropriate” Even If Not Foolproof

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….

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What Does the Irish DPC’s 1.2 Billion Euro Data Transfer Fine Mean For EU-US Transfers?

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…

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European Top Court Confirms Companies Need to Name “Recipients” of Personal Data When Responding to Access Requests, Not Just Categories

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…

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EU Commission Publishes Draft Adequacy Decision on Privacy Shield 2.0

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,…

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President Biden Signs “Privacy Shield” Executive Order to Address European Concerns Over Surveillance Practices in the United States

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…

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The Sephora Case: Do Not Sell - But Are You Selling?

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…

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FTC Announces Advanced Notice of Proposed Rulemaking on Privacy and Data Security

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,…

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U.S. and EU Reach Political Agreement On a New Trans-Atlantic Data Privacy Framework: The Implications for Businesses

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…

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Utah Passes Comprehensive Consumer Privacy Legislation

On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. Spencer Cox signed the Utah Consumer Privacy Act (“UCPA”).  The UCPA is largely based on the Virginia Consumer Data Protection Act (“VCDPA”). It regulates how a controller (defined by the UCPA…

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