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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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New Federal Law Mandates Cyber Incident and Ransomware Payment Reporting for Critical Infrastructure Industries

After years of lengthy debates, Congress passed and the President signed into law a bipartisan bill requiring entities in sectors deemed to constitute “critical infrastructure” to report certain cyber incidents and ransomware payments. Currently, companies may and often do voluntarily report cyber incidents to the FBI or other federal agencies,…

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Ninth Circuit: Web Scraping Does Not Violate CFAA

In a decision that is certain to reverberate through the big data community, the U.S. Court of Appeals for the Ninth Circuit ruled that the primary legal tool that companies tried to use to limit scraping of their websites – the criminal statute Computer Fraud and Abuse Act (“CFAA”) –…

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New Data Protection Rights Coming Soon to Saudi Arabia – Just Not as Soon as Expected

The Kingdom of Saudi Arabia (“Saudi Arabia” or the “Kingdom”) has enacted the Personal Data Protection Law (“PDPL”), the country’s first comprehensive data protection law. The PDPL was scheduled to become effective on March 23, 2022 but full implementation was recently delayed until March 17, 2023, a positive development for…

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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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