In a recent report by the Association of Corporate Counsel, a survey of chief legal counsels provided confirmation of what we’ve been saying for a while: expectations of increased regulatory enforcement, and privacy and cybersecurity are driving organizations to dedicate more efforts to compliance. In fact, 64 percent of those surveyed responded that they expected

The European Union’s General Data Protection Regulation (GDPR) first launched the concept of data minimization, which states that a data controller should limit the collection of personal information to what is directly relevant and necessary to accomplish a specified purpose. This seems like a simple concept: an entity should only collect personal information that is

How will a Biden-Harris presidency affect the U.S. privacy landscape? Let’s take a look.

Federal Privacy Legislation

On both sides of the political aisle there have been draft proposals in the last 18 months on federal privacy legislation. In September, movement actually happened on federal privacy legislation with the U.S. Setting an American Framework to

Last month, the French data protection authority (the CNIL) issued initial guidance addressing issues that applications utilizing blockchain technology should consider in order to comply with the European General Data Protection Regulation (GDPR).

As recognized by the CNIL, there are certain natural conflicts between GDPR and blockchain technology. A critical feature of the blockchain is its immutability – the fact that once information is entered into the public ledger regarding a transaction, that information cannot be changed or removed from the ledger. The benefits of providing a transparent and permanent public ledger will have to be reconciled with the data subject rights granted by GDPR, including the right to be forgotten and principles of data minimization. Blockchain applications also raise thorny questions about whether participants in the network are acting as data controllers or processors, subject to the GDPR’s requirements. Additionally, how can a worldwide network of computers involved in data processing activities comply with GDPR requirements related to cross-border data transfers outside of the EU?
Continue Reading French Data Protection Authority Issues Guidance on Interaction of Blockchain Technology with GDPR

Tim Cook, Apple CEO, recently delivered the keynote address for a privacy conference, attended by policy experts and European Union (EU) lawmakers in Brussels, Belgium, where he advocated for new data privacy laws in the United States, similar to the EU’s General Data Protection Regulation (GDPR).

Cook said that modern technology has led to the creation of a “data-industrial complex” in which personal data is “weaponized against us with military efficiency.” According to Cook, this problem doesn’t just affect individuals, but whole societies.
Continue Reading Apple CEO Calls for Comprehensive US Privacy Laws

As many of our readers know, the General Data Protection Regulation (GDPR) imposes significant obligations and responsibilities on entities with regard to data protection and privacy for all individuals within the European Union and the European Economic Area. Violations of GDPR can result in fines up to €20 million, or up to 4 percent of

On June 28, 2018, the California State Legislature passed, and Governor Jerry Brown signed, the California Consumer Privacy Act of 2018, bringing to the United States many of the rights and compliance obligations currently being applied by the European Union through its General Data Protection Regulation (GDPR). Effective January 1, 2020, the Act gives California

Last week, the High Court of Ireland submitted eleven questions to the Court of Justice for the European Union (CJEU) to consider about the personal data transfer regime between the European Union (EU) and the United States. This referral stems from a new claim by Max Schrems, an Austrian lawyer and privacy activist. Schrems previously

As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power of big data.

This spring, The Economist magazine joined the ranks of some antitrust regulators, particularly from the EU, in