Topic: Compliance and risk management

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Back At The Negotiating Table: CCPA Amendments Debate Continues

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK | Norton Rose FulbrightIn a 12-hour marathon hearing, the California Senate Judiciary Committee on July 9, 2019, debated, struck down, scaled back and put back on the negotiating table key amendments to the California Consumer Privacy Act (“CCPA”). Read below to find out what happened to the much-anticipated “employee exception” bill, “customer loyalty program” bill, and the bill … Continue reading

German M&A Deals: Share Deals Remain the Only Secure Way to Transfer All Customer Data

Data Protection Report - Norton Rose FulbrightThe German data protection authorities, acting as the German data protection conference (Datenschutzkonferenz), recently published guidance on how to transfer customer data in an asset deal. The guidance runs through various scenarios. In most cases, a bulk transfer of all customer data is not permitted. Further, the guidance makes no mention of, or allowance for, … Continue reading

“What’s cooking” in Sacramento: CCPA’s “employee exception” bill is amended; “publicly available information” exception is broadened, and consumer access rights are clarified

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK | Norton Rose FulbrightThis is the Data Protection Report’s eleventh blog post in a series of CCPA blog posts. Stay tuned for additional posts on the CCPA. As America prepares for the Fourth of July holiday weekend, the California legislature continues to work on amending the California Consumer Privacy Act (“CCPA”), as it races to get modifications passed … Continue reading

NT Analyzer Blog Series: Why So Many Cookie Policies Are Broken, Part I – HTML5 LocalStorage

NT Analyzer blog series, cookieCookies Are One Piece of a Larger Puzzle There has been an odd preoccupation with cookies for some time now—to the exclusion of other forms of browser tracking, some of which are much more flexible and more robust in their data collection capabilities than cookies.  Despite this fact, these other, non-cookie tracking technologies are often … Continue reading

Nevada, New York and other states follow California’s CCPA

The US privacy law landscape continues to shift and evolve as state and federal privacy legislative proposals continue to be debated and become enacted. While CCPA-like bills in Washington and Texas failed to pass, Nevada passed its online privacy amendment and proposals in New York and Washington, DC appear to be gaining momentum.… Continue reading

CCPA: “Attorney General Amendment” Likely Dead

Norton Rose Fulbright - Data Protection Report blogThis is the Data Protection Report’s ninth blog post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA. On May 16, 2019, the California Senate Appropriations Committee held a hearing that included S.B. 561, the “Attorney General amendment” to the … Continue reading

OPC reconsiders its approach to cross-border data transfers with the Equifax decision

Data Protection Report - Norton Rose FulbrightIn a significant recent decision, the Office of the Privacy Commissioner of Canada (OPC) altered the regulatory landscape when moving personal information between affiliated companies and across Canada’s border for data processing or storage purposes. Any organization governed by the federal Personal Information Protection and Electronic Documents Act (PIPEDA) will have to re-evaluate and likely … Continue reading

ICO blog post on AI and solely automated decision-making

Data Protection Report - Norton Rose FulbrightThe ICO has published a blog post on the role of “meaningful” human reviews in AI systems to prevent them from being categorised as “solely automated decision-making” under Article 22 of the GDPR. That Article imposes strict conditions on making decisions with legal or similarly significant effects based on personal data where there is no … Continue reading

GDPR, CCPA and beyond: Changes in data privacy laws and enforcement risks to monitor in 2019

Norton Rose Fulbright - Data Protection Report blogThis is the Data Protection Report’s eighth blog post in series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional posts on the CCPA. With significant enforcement activity and new laws being enacted or proposed since the start of the year, regulators in the EU and … Continue reading

EDPB issues new opinion on interplay between Clinical Trials Regulation and the GDPR

Norton Rose Fulbright - Data Protection Report blogOn January 23, 2019, the European Data Protection Board (“EDPB”) issued an opinion on the interplay between the Clinical Trials Regulation (“CTR”) and the General Data Protection Regulation (“GDPR”).… Continue reading

Comments at CCPA public forum in Los Angeles highlight tensions between businesses and consumer rights groups

Norton Rose Fulbright - Data Protection Report blogOn January 25, 2019, the California Attorney General’s Office held a public forum in Los Angeles to solicit feedback on the California Consumer Privacy Act of 2018 (“CCPA”) as it prepares to draft regulations which must be adopted on or before July 1, 2020.… Continue reading

First multi-million Euro GDPR fine: Google LLC fined €50 million under GDPR for transparency and consent infringements in relation to use of personal data for personalized ads

Norton Rose Fulbright - Data Protection Report blogOn January 21,2019 the French data protection authority (the CNIL) imposed a major fine on the U.S. Google entity, Google LLC.  It follows two complaints filed as soon as the GDPR came into force by two consumer rights associations, None of Your Business and La Quadrature du Net. We focus here on four key aspects … Continue reading

Parliament fails to approve the EU Withdrawal Agreement: Data protection implications

Data Protection Report - Norton Rose FulbrightOn 25 November 2018 the UK Government and the EU agreed a draft withdrawal agreement which set out the terms of the UK’s departure from the EU and made a political declaration on the framework for their future relationship, as provided for under Article 50(2) of the Treaty on European Union (Withdrawal Agreement). The purpose … Continue reading

California Attorney General’s Office begins CCPA rulemaking process with first public hearing while Congress debates new federal privacy law

UK NIS Regulations impose new cybersecurity obligations (and a new penalties regime) on operators of essential services and digital service providers in the UK | Norton Rose FulbrightThis is the Data Protection Report’s sixth post in a series of CCPA blog posts that will break down the major elements of the CCPA. Stay tuned for additional CCPA posts. The California Consumer Privacy Act of 2018 (“CCPA”), California’s new privacy law which takes effect on January 1, 2020, requires the Attorney General to … Continue reading

Transition period under New York Cybersecurity Regulation ends March 1, 2019

Data Protection Report - Norton Rose FulbrightThe two-year transitional period under the New York State Department of Financial Services (“DFS”) Cybersecurity Regulation, 23 NYCRR 500 (the “Regulation”), will expire on March 1, 2019, with the final remaining requirement becoming effective. Entities covered by the Regulation that utilize third party service providers, which include not only banks and insurers, but also other … Continue reading

Pennsylvania Supreme Court holds common law duty for employers extends to protecting sensitive employee information

Data Protection Report - Norton Rose FulbrightOn November 21, 2018, the Pennsylvania Supreme Court broke new ground by holding that employers have a legal duty to take reasonable care to safeguard its employees’ sensitive personal information from cyberattacks. … Continue reading

EDPB clarifies territorial scope of the GDPR

Norton Rose Fulbright - Data Protection Report blogOn November 23, 2018, the European Data Protection Board (“EDPB”) issued highly anticipated draft Guidelines (the “Guidelines”) on the territorial scope of the GDPR. See our previous blog posts on the GDPR here and here. The Guidelines provide some clarity around the scope and applicability of the GDPR to data Controllers and Processors both inside … Continue reading

New China Guideline for Internet Personal Information Security Protection

On November 30, 2018 the Cyber Security Protection Bureau, under the auspices of the PRC Ministry of Public Security (the “MPS”), issued a draft Guideline for Internet Personal Information Security Protection (the “Guideline”) along with a request for public comments.… Continue reading
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