Topic: Compliance and risk management

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Schrems II: AG deems SCCs valid but comes up with difficult new obligations and expresses “doubts” over privacy shield

What has happened?

Yesterday, the Advocate General (“AG”) concluded that, in his opinion, the EU Standard Contractual Clauses (“SCCs”) are a valid mechanism to transfer personal data outside of the European Economic Area (“EEA”). However, the AG suggested new obligations for those using SCCs. They need to examine the national security laws of the country of the data importer to determine whether they can in fact comply with the terms of SCCs.… Continue Reading

Mic Drop: California AG releases long-awaited CCPA Rulemaking

Data Protection Report - digital privacy, CCPA and cybersecurity

On October 10, 2019, with just weeks to go until the law goes into effect, the California Attorney General released the long-awaited draft regulations for the California Consumer Privacy Act (CCPA).

The proposed rules shed light on how the California AG is interpreting and will be enforcing key sections of the CCPA.  In the press release announcing the proposed regulations, Attorney General Becerra described CCPA as “[providing] consumers with  groundbreaking new rights on the use of their personal information” and added, “It’s time we had control over the use of our personal data.”… Continue Reading

New York’s Breach Law Amendments and New Security Requirements

Although California has recently captured the lion’s share of attention with respect to privacy and security, on October 23, 2019, New York’s amended security breach law goes into effect, and on March 1, 2020, new security safeguards go live (N.Y. S.B. 5575). Anyone with personal information about a New York resident is potentially affected by these far-reaching amendments.

Breach Law Changes

Readers may recall that New York’s security breach notification law (N.Y. Gen. Bus. Law § 899-aa) differs from most states’ law in several ways including (1) using separate definitions of “personal information” and “private information;” and (2) providing factors … Continue Reading

Office of Privacy Commissioner Says It’s Status Quo on Consent Requirements for Data Processing Transfers

On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines that an organization’s transfer of personal information to a third party for processing, including a transfer across the Canadian border, is a “use” of that personal information, and not a disclosure that requires separate consent.

This announcement brings at least temporary clarity to an issue that resulted in a tumultuous summer for organizations and the OPC alike as everyone grappled with the potential consequences of the OPC’s June … Continue Reading

And then there were five: CCPA amendments pass legislature

Norton Rose Fulbright - Data Protection Report blog

Executive Summary

The wait is over:  Only five CCPA amendments made it through the California legislature.  The amendments are limited in scope, which means the CCPA will go into effect, largely intact, on January 1, 2020.

The California legislative session for 2019 ended on September 13 and the following five amendments to the California Consumer Privacy Act (CCPA) were passed: AB 25, 874, 1146, 1355, and 1564. They now move to the Governor’s desk, where he has 30 days to sign or veto them.… Continue Reading

Deadline extended for compulsory registration on Data Controller registry

Norton Rose Fulbright - Data Protection Report blog

Obligations

We previously reported that Turkey’s data protection legislation (TDPL) requires data controllers to notify the Turkish DPA of their processing activities. Unless exempt from the requirement, all data controllers (individuals and legal entities) who process personal data in Turkey must be registered with the Turkish DPA’s Register of Data Controllers Information System (VERBİS), prior to processing any personal data.

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CCPA: “Wait and see” is not the right approach

Data Protection Report - Norton Rose Fulbright

We are seeing companies use many different approaches to the California Consumer Privacy Act (“CCPA”) compliance, but the “wait and see” approach in particular is not advisable.

Companies who want to “wait and see” point to the pending amendments to CCPA that are currently working through the California Senate (as we have previously described—see links below). Others point to the California Attorney General regulations that will be released in draft form in the next few months, which should provide some guidance to implementing CCPA.

Those statements are indeed accurate, as far as they go. However, they neglect the fact that … Continue Reading

The CNIL publishes new guidelines on cookies and other similar technologies

Data Protection Report - digital privacy, CCPA and cybersecurity

On 4 July 2019, the CNIL published new guidelines on cookies and other similar technologies, repealing its 2013 cookie guidance in order to align its position with the GDPR’s new requirements on consent. These guidelines will be supplemented during the first quarter of 2020 by sectoral recommendations aimed at providing practical guidance to stakeholders on how to collect consent.… Continue Reading

One-Month Countdown to Pass CCPA Amendments Begins

Data Protection Report - Norton Rose Fulbright

On August 12, the California legislature returns after its summer recess. Starting with the Senate Appropriations Committee Hearing today, the legislature will now have approximately a month to continue the markups and send California Consumer Privacy Act (CCPA) amendments to the Governor’s desk for signature before the September 13 deadline.  As previously reported, any amendment that passes from the Senate will likely need to go back to the Assembly since many of them have been marked up significantly by the Senate. Below is a summary of the seven amendments that are moving forward and what they mean for businesses who … Continue Reading

US CLOUD Act and International Privacy

Norton Rose Fulbright - Data Protection Report blog

The U.S. Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”) is apparently the Goldilocks of the privacy world, according to recent statements issued by two international jurisdictions. The CLOUD Act’s requirements are “too hard” for Australian law, according to the Law Council of Australia, but the privacy protections are “too soft” for the European Data Protection Board and European Data Protection Supervisor. The current lack of any executive agreements between the U.S. and another jurisdiction under the CLOUD Act seems to indicate that the U.S. has not yet found a jurisdiction that is “just right” for the CLOUD Act.… Continue Reading

The UK ICO updates its cookie guidance

Norton Rose Fulbright - Data Protection Report blog

On 3 July 2019, the ICO published its updated guidance on the use of cookies and similar technologies. This came shortly after it updated the cookie consent collection mechanism on its own website. Much of the guidance is unsurprising and reflects what companies already do in practice. However, other parts of the guidance are likely to require many organisations to make changes to their current cookies practices.… Continue Reading

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

Data Protection Report - Norton Rose Fulbright

The 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, the transfer of marketing permissions which – as these are generally on an opt-in consent basis in Germany – means a buyer cannot rely on the seller’s marketing consents in an asset sale. Therefore, the position in Germany remains that it is highly … 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 Fulbright

This 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 through the state legislature before it adjourns for the 2019 calendar year. On June 28, one of those bills, AB 25, the “employee exception” bill was significantly amended by the Senate Judiciary Committee and appears to move forward, despite a recent political setback last month … Continue Reading

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

NT Analyzer blog series, cookie

Cookies 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 not referenced in privacy policies and cookie policies, even though they are used to “store information” and / or “gain access to information stored in the terminal equipment” for purposes of the ePrivacy Directive and will presumably qualify as personal information under the CCPA as … Continue Reading

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

Data Protection Report - digital privacy, CCPA and cybersecurity

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 blog

This 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 California Consumer Privacy Act (“CCPA”). The bill is being held in committee and under submission, which means the bill has been blocked and is likely dead.… Continue Reading

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

Data Protection Report - Norton Rose Fulbright

In 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 adjust its approach to such cross-border data transfers, possibly affecting its outsourcing and cloud computing relationships with vendors and related companies. The OPC has also initiated a two-month consultation period with stakeholders concerning this important policy change.… Continue Reading

Google and other big data companies face increased scrutiny

Data Protection Report - Norton Rose Fulbright

Norton Rose Fulbright’s US Head of Data Protection, Privacy and Cybersecurity Jeewon Serrato and Partner Vic Domen write about the increased scrutiny that big data companies like Google and Facebook are now facing.

A number of state attorneys general are preparing to have discussions with the US Federal Trade Commission to discuss their concerns about the use of massive amounts of personal data in the digital ad marketplace.

There is a trend among federal and state enforcers to bring these online platforms and technology markets under higher scrutiny.

Get all the details at the full legal update, “Big data Continue Reading

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