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The Year Ahead: Privacy Developments in 2022

Now that 2021 came to a close, what does our crystal ball predict for privacy developments in 2022? Here’s a quick rundown. Law and policy developments In 2022, expect an avalanche of new laws and regulations, attempting to govern and impose order on a dizzying array of tech developments. New…

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The UK’s Newly Assertive FCA pushes Google to Check Fintech Companies’ Drive Into Europe

The UK’s Newly Assertive FCA pushes Google to Check Fintech Companies’ Drive Into Europe Subject to mounting pressure from UK lawmakers and regulators, in June 2021 Google announced a new policy that could limit the ability of US fintech companies to advertise in the UK – a key market for…

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Thirty-Six Hour Breach Notification Rule Puts Banking Organizations on Notice

In response to the growing threat to financial stability posed by cybersecurity incidents, the Office of the Comptroller of the Currency (OCC), the U.S. Department of the Treasury, the Federal Reserve Board, and the Federal Deposit Insurance Corporation (FDIC) (collectively, the “agencies”) published a rule titled “Computer-Security Incident Notification Requirements…

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ICO Issues Opinion on Data Protection and Privacy Expectations for Online Advertising Proposals

On 25 November 2021, the UK Information Commissioner’s Office (“ICO”) published an Opinion on Data Protection and Privacy Expectations for Online Advertising Proposals (“Opinion”). The Opinion emphasizes several data protection concerns relating to behavioural advertising and sets out overarching expectations that companies must meet to safeguard people’s privacy online when…

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EDPB Defines a "Transfer" Under the GDPR

On 18 November 2021 the European Data Protection Board (“EDPB”) released its Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR (“Guidelines”) for public consultation.  The Guidelines clarify one of the most vexing issues in…

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China Publishes Draft Guidelines on Security Review Requirements for Data Exports

China’s new framework for regulating data transfers is beginning to take shape. On October 29, 2021, China’s cybersecurity regulator, the Cyberspace Administration of China (CAC), published draft guidelines outlining when and how data controllers must undergo a security assessment before transferring data out of China pursuant to the country’s recently-issued…

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EDPB to Provide Clarification on Transfers to Importers Subject to the GDPR: Another New Set of SCCs Seen

The European Data Protection Board (EDPB) recently published minutes of its last plenary meeting held in September 2021, which (in paragraph 2) shed light on how the EDPB may address one of the biggest open issues regarding data transfers from Europe — whether under General Data Protection Regulation (GDPR), Chapter V data…

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