The United States is in need of comprehensive federal data privacy legislation, which may finally be gaining traction. In late 2019, two competing federal privacy proposals were drafted. Senate Bill 2968 (the “Consumer Online Privacy Rights Act”), was introduced by Senator Maria Cantwell (D-WA), among others. And the “United States…
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…
Authored by: Nicholas Losurdo and Christopher Grobbel The SEC recently solicited public comment on digital engagement practices (DEPs) used by some broker-dealers and investment advisers, including predictive data analytics, differential marketing, and behavioral prompts (such as gamification). The public comment window closes October 1, 2021. Comments letters submitted already are available here—viewpoints run…
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…
If you are not familiar with the FTC’s Health Breach Notification Rule, you are not alone. Issued in 2009, it has never been enforced. That may now change. In a recent Policy Statement, the FTC is putting a new spotlight on the Rule, explaining that the Rule applies to health…
Goodwin is thrilled to welcome Omer Tene and Lore Leitner to the data + privacy + cybersecurity group! More info
On August 20, the People’s Republic of China became the latest global economic powerhouse to pass an omnibus privacy law. Titled the Personal Information Protection Law (“PIPL”), the law was adopted by the Standing Committee of China’s National People’s Congress, China’s top legislative body, and is slated to take effect on…
The dust has settled on the new EU standard contractual clauses for cross-border data transfers (“New SCCs”), but confusion still reigns on how the New SCCs cover data transfers and what companies need to do to take advantage of them and comply with regulatory implementation guidance, including in relation to…
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law. The CPA will take effect on July 1, 2023 and joins the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), and Virginia Consumer Data Protection Act (“VCDPA”) on a growing list of comprehensive state data privacy laws…
Since its passage almost three years ago, the California Consumer Privacy Act (“CCPA”) has offered California-based consumers certain rights over the personal information companies collect and process about them. While responding to any request to exercise CCPA rights creates its own set of challenges, one right in particular – the right to…