What Happens In The British Virgin Islands, Stays In The British Virgin Islands

On 13 April 2021, the British Virgin Islands (“BVI” or “Virgin Islands”) became the latest jurisdiction to enact a comprehensive information privacy law when the territory published the Data Protection Act, 2021 (the “DPA 2021” or the “Act”) in its Official Gazette. Despite being a territory of the United Kingdom, the Virgin…

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Setting A New Standard: Data Privacy and Corporate Social Responsibility

Corporate Social Responsibility (“CSR”) and Environmental, Social, and Governance (“ESG”) practices have increasingly become priorities for many organizations as they assess their obligations to their employees, customers, and the broader community. As companies work towards meeting these CSR and ESG objectives, one focus area is data rights and data privacy. Data…

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Despite Legalization, Cannabis Retailers Still Face Telecom Backlash

On April 12, New Mexico became the 17th state in the U.S. to legalize the recreational use of cannabis by people 21 years old or older, paving the way for the emergence of a multitude of cannabis dispensaries looking to cash in on what may become one of the nation’s largest…

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Late Breach Notice In Europe Leads To Nearly €500k Fine

On 31 March 2021 the Dutch Data Protection Authority (DPA) announced that it fined the online reservation platform Booking.com €475,000 for failing to notify the DPA of a data breach within the timeline established in the GDPR. The decision signals European regulators’ growing scrutiny of how companies exercise discretion in incident response decisions….

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Biometric And Facial Recognition Technology In The U.S.: What’s In Store For 2021?

Regulation of the collection and use of biometric data is on the rise, a trend which is likely to continue through 2021 and beyond. Currently, three states have laws that regulate what private businesses can do with biometric data, and nearly a dozen other states and cities have proposed bills…

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UK ICO Confirms Transfers Of Data To SEC In The Public Interest

The UK Information Commissioner’s Office (“ICO”) has published a letter sent to the U.S. Securities and Exchange Commission. The ICO confirms that it is possible for SEC regulated UK firms to transfer personal data to the U.S. where the transfer is necessary for important reasons of public interest (the derogation in Article…

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“Data Knows No Borders”: Virginia’s Privacy Law Won’t Give Businesses Relief From The CCPA, But Consumers Nationwide Get Additional Privacy Rights

On March 2, 2021, Virginia enacted the Consumer Data Protection Act (“VCDPA”). The VCDPA will become effective January 1, 2023. The VCDPA shares its roots with the California Consumer Protection Act (“CCPA”) and the recently approved California Privacy Rights Act (“CPRA”), and will regulate how businesses (the VCDPA refers to businesses as “controllers”) collect and share…

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Recent Decisions In Illinois Limit BIPA’s Reach, But California Begs To Differ

The recent flurry of Biometric Information Privacy Act (BIPA) activity in California and elsewhere has called into question the effectiveness of an increasingly common defense to BIPA litigation in Illinois: that federal courts in Illinois do not have personal jurisdiction over companies headquartered and incorporated in other states, and conducting…

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EDPB Clarifies Scientific Research GDPR Compliance, But Harmonisation Across Europe Remains Elusive

Earlier this year, the European Data Protection Board (“EDPB”) issued additional guidance on the application of the General Data Protection Regulation (“GDPR”) in the area of scientific health research. In Key Takeaways from the Guidance, The EDPB: Confirmed that the informed consent that individuals must provide under ethical standards to participate in…

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New York Proposes Consent For Collection Of Biometric Data, Backed By Private Right Of Action

New York State Legislature Proposes Biometric Privacy Act On January 6, 2021, the New York state legislature proposed the Biometric Privacy Act (AB 27) to regulate the collection of biometric information by companies doing business in the state. The bill is currently in committee, and if enacted, New York would…

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