Tag Archives: GDPR

Preparing for Compliance with the California Consumer Privacy Act

On the heels of working with clients on compliance with the European Union’s General Data Privacy Regulation (GDPR) and the rapidly evolving landscape of data privacy and security laws and regulations, the next hurdle to set compliance sights on for organizations is the California Consumer Privacy Act (CCPA). We have previously outlined the requirements of … Continue Reading

Federal Privacy Law – Could It Happen in 2019?

This was a busy week for activity and discussions on the federal level regarding existing privacy laws – namely the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). But the real question is, could a federal privacy law actually happen in 2019? Cybersecurity issues and the possibility of a … Continue Reading

Google Fined $57M by French Data Protection Authority for Alleged Violations of GDPR

France’s data protection authority (DPA) (CNIL) recently announced that it has fined Google $57 million for violations of the General Data Protection Regulation (GDPR). This is the first fine by a European DPA of an American company for alleged violations of the sweeping EU privacy law. According to the CNIL, Google did not tell consumers … Continue Reading

UK Information Commissioner’s Office Issues Guidance on Use of Encryption and Passwords in Connection with GDPR

The “security principle” under the General Data Protection Regulation (GDPR) requires that organizations process personal data securely by means of “appropriate” technical and organizational measures. This month, the United Kingdom’s Information Commissioner’s Office (ICO) issued new guidance focused on two specific measures the ICO recommends that companies consider in complying with the GDPR security requirements: … Continue Reading

French Data Protection Authority Issues Guidance on Interaction of Blockchain Technology with GDPR

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 … Continue Reading

Apple CEO Calls for Comprehensive US Privacy Laws

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 … Continue Reading

Facebook Acknowledges Breach of Sensitive Data for Nearly 30 Million Users

As we previously noted, Facebook originally announced a breach late last month, in which hackers took advantage of a code vulnerability in the website’s “View As” feature, to access user’s data. However, on October 12, 2018, Facebook stepped back the number of affected accounts from 50 to roughly 30 million, and it acknowledged that hackers … Continue Reading

GDPR Awareness Is On The Rise as Complaints Increase

The United Kingdom data privacy watchdog reports that the number of complaints received since the EU’s General Data Protection Regulation (GDPR) took effect three months ago has almost doubled.  Under GDPR, anyone who believes their personal data has been misused can file a complaint with the Information Commissioner’s Office, or ICO. Legal Experts say GDPR … Continue Reading

Healthcare Industry Continues to Fight Cyber-Attacks at Alarming Rate—Healthcare Data Breaches Cost Average of $408 Per Record

It is clear that the healthcare industry continues to be targeted with cyber-attacks. In 2018, the 10 largest health care breaches, outlined here, include unauthorized access to protected health information (PHI) through a vendor offering claims processing, ransomware incidents, successful phishing schemes, mailing PHI to wrong addressees, hacking, a misdirected email, and a lost unencrypted … Continue Reading

California Enacts “GDPR-Esque” Privacy Law

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 … Continue Reading

Criminals Cashing in on GDPR Privacy Notices

Over the past several weeks, as the GDPR deadline of May 25 loomed, thousands of organizations sent individuals, including U.S. citizens, notices requesting consent and opt-in to receive further communications. Riding on that wave of confusion and inundating emails, criminals have used the implementation of GDPR to their advantage by impersonating legitimate businesses, including financial … Continue Reading

California Consumer Privacy Act Likely to Appear on Ballot in November

Businesses are understandably focused this week on the looming effective date for the European Union’s General Data Protection Regulation (GDPR). For U.S. businesses, however, a proposed law closer to home would raise similar compliance burdens and create potential litigation risks. This November, voters in California will likely vote on whether to pass a ballot initiative, … Continue Reading

EU-US Transatlantic Data Flows Subject to Further Legal Challenge

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 … Continue Reading

European Commission Releases GDPR Guidance

All privacy professionals, whether in the EU or the U.S., need to have an understanding of the implications of General Data Privacy Regulation (GDPR) compliance, particularly since the fines and penalties that could be imposed for non-compliance are intimidating. GDPR goes into effect on May 25, 2018, and many companies are struggling to become compliant … Continue Reading

Big Data and Antitrust: Rethinking Competition Law in the Data Economy

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 … Continue Reading

General Data Protection Regulation (GDPR) Series, Part #3: GDPR Consent and Fair Processing

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next several months, several European Union law firms we work very closely with will join us in … Continue Reading

5 Focus Areas in Preparation for GDPR Compliance

In less than 300 days, the European General Data Protection Regulation (GDPR) will go into effect and forever change the privacy landscape. Leading industry organization, Gartner, Inc., predicts that more than 50 percent of companies affected by the GDPR will not be fully compliant. Of course, the affected companies will include both European and non-European … Continue Reading

General Data Protection Regulation (GDPR) Series Part #2: The Importance of Self-Assessment

The General Data Protection Regulation (GDPR) (EU) 2016/679 of 27 April 2016 which comes into force in May 2018, will introduce major changes to the law on the processing of personal data in the European Union. Over the next twelve (12) months, several European Union law firms we work very closely with will join us … Continue Reading

GDPR Effective Date and Geographical Scope of Application

The GDPR will apply as of May 25, 2018. It provides a single set of very innovative rules directly applicable in the entire European Union (EU), without the need for national implementing measures—which means that any personal data processing ongoing at this date shall be in compliance with the GDPR. This leaves one year for … Continue Reading

Global Privacy and Data Security in 2016 and 2017

In 2016, new privacy, cybersecurity and/or data security legislation passed or became effective in a number of countries, some adopting data security measures for the first time. Several countries adopted cybersecurity focused measures with criminal penalties, hoping to more effectively combat cyber-attacks. Other countries implemented or strengthened regulations on the collection and handling of their … Continue Reading

Council of European Union and the European Parliament approve General Data Protection Regulation; U.S. Privacy Shield faces criticism from Article 29 working group

The General Data Protection Regulation (GDPR) was recently approved by the 28 member states of the Council of European Union. By plenary vote, the European Parliament approved GDPR on April 14. The GDPR will take effect two years after publication in the E.U. Official Journal, which is expected to be in May. The GDPR, which … Continue Reading

European Union’s new general data protection regulation

Big changes are underway in the world of data protection within the European Union. At the end of December, the European Commission approved the final version of the General Data Protection Regulation (GDPR). The GDPR will have a significant and wide-ranging impact on businesses, imposing new compliance obligations and threatening significant sanctions for non-compliance. According … Continue Reading
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