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
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
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
Often questioned about online advertising targeting by both the public and professionals, the CNIL released its action plan for 2019-2020 with a view to providing further details about the applicable advertising rules and to support stakeholders in their compliance with them.… Continue Reading
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
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
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
On 20 June, the UK’s Information Commissioner (the ICO) published a report setting out its views on adtech, specifically the use of personal data in “real time bidding”, and the key privacy compliance challenges arising from it.… Continue Reading
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
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
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
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.
In March of this year, the UAE issued Law No. 2 of 2019 Concerning the Use of Information and Communication Technology in the Area of Health (the Healthcare Data Law), which governs the use of health data and information generated in the UAE. The law takes effect three months after issuance.… Continue Reading
The 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 human input, or where there is limited human input (e.g. a decision is merely “rubber-stamped”).… Continue Reading
With significant enforcement activity and new laws being enacted or proposed since the start of the year, regulators in the EU and the US, several US states, and the US Congress are showing they mean business in terms of data privacy.
To help companies best protect consumer data and remediate enforcement risks, we provide below an overview of the following:
- two noteworthy recent EU and US
On 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”). See our previous blog posts on the GDPR here and here. The opinion also addresses GDPR requirements regarding (1) the legal basis for processing personal data in the course of a clinical trial protocol (primary use) and (2) the further use of clinical trial data for other scientific purposes (secondary use).
On January 3, 2019, the federal trial court in Manhattan issued a preliminary injunction, temporarily halting a new local law aimed at required disclosures by home-sharing platforms, such as Airbnb and HomeAway, to the city. The court granted the preliminary injunction on the basis that the city’s broad requirement that the services turn over detailed customer information on a monthly basis likely violated the Fourth Amendment to the U.S. Constitution—infringing the privacy rights of the companies, rather than the users. In contrast, the court ruled that the companies’ Stored Communications Act claim did not meet the standard for a … Continue Reading
This is the Data Protection Report’s seventh 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.
On 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. CCPA provides new rights to California consumers with respect to the collection and use of their personal information. The CCPA authorizes the Attorney … Continue Reading
On 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.
On 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 of the Withdrawal Agreement is to set out the terms of the UK’s departure from the EU and provide a transition period during which a more nuanced and ambitious future relationship can be agreed.
Had the UK Parliament approved the Withdrawal Agreement, it … Continue Reading
This 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 adopt implementing regulations that further the objectives of the CCPA. Much concern has been raised about the law as currently written, including by Attorney General Xavier Becerra himself. With regulations set to be issued on or before July 1, 2020, the Attorney General’s Office will … Continue Reading
The 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 financial services institutions and licensees regulated by the DFS, will be required to implement third-party risk management programs by March 1.… Continue Reading
On 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. Dittman v. UPMC, 2018 Pa. LEXIS 6072199 (Pa. Nov. 21, 2018).… Continue Reading