California recently signed into law Senate Bill No. 446, which amends its data breach notification law, Section 1798.82 of the Civil Code, to require covered companies to notify affected California residents within 30 calendar days of discovery of the data
In our previous post, we discussed specific considerations for common boilerplate provisions in data processing agreements (DPAs). Due to the sensitivity of data transfers and privacy laws, DPAs require careful drafting to ensure the data processor complies with appropriate
Modern businesses collect and process personal information about their customers and employees for the benefit of their business – these benefits include identifying opportunities to enhance their products or services, streamlining operations, reducing costs or maximizing profits. Processing such data
As the second wave of COVID-19 spreads across Canada, the use of COVID-19 tracing apps is on the rise. For example, the Government of Canada released COVID Alert–an app using Bluetooth technology to help people report positive diagnoses, and
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.”
Following the now famous €50m fine imposed on Google LLC in January 2019,[1] the French Data Protection Authority (the CNIL) published a decision taken on 28 May 2019[2] imposing a fine of €400,000 on SERGIC, a company specialised in real estate development, purchase, sale, rental and property management.
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.
This is the Data Protection Report’s fourth blog posts in a series of CCPA blog posts that will break down the major elements of the CCPA, which will culminate in a webinar on the CCPA in October. Stay tuned for additional blogs and information about our upcoming webinar on the CCPA.
The California Consumer Privacy Act (the “CCPA” or “Act”) includes significant and new disclosure requirements for businesses that collect and or sell or disclose California residents’ personal information. Below we have outlined: (1) disclosures businesses must make in their privacy policy; (2) disclosures businesses must make upon receipt of a “verifiable consumer request”; and (3) Norton Rose Fulbright’s takeaways.
Upon the CCPA taking effect, a business’s privacy policy must affirmatively inform consumers of the categories of personal information collected about the consumer, the sources from which that information is collected, the commercial or business purpose for which the personal information is collected, the categories of third parties the information will be shared with, and specific pieces of personal information collected about the consumer. In addition, businesses must provide consumers with a description of their rights. Businesses should be cognizant that the Act specifically prohibits businesses from collecting additional categories of personal information and then using those new categories for purposes other than as disclosed.
The wait is finally over—this Friday the European Union General Data Protection Regulation (GDPR) will come into force. For many readers of this post, a huge amount of work will have been done in recent months in building up to compliance with the new regime. However, the challenges of GDPR certainly don’t end on the date this law goes into implementation. We have shared below some interesting points that we’ve seen arising recently, all of which relate to how things are likely to develop from today onwards, including enforcement predictions, challenges related to operationalizing data subject access procedures, and how the GDPR may change the data privacy litigation landscape in Europe.
For many organizations that are based outside the EU and took the “wait and see” approach, our checklist may come in handy, which gives an illustrative overview of the requirements likely to impact most types of businesses and the practical steps that organizations need to take to meet those requirements. We also have a chatbot powered by artificial intelligence that helps clients to determine whether the GDPR applies to their business.
A little more than one month from implementation of GDPR, companies may be tempted to relax and exhale (and if GDPR is still causing you headaches, consult our checklist). After all, the U.S. couldn’t be crazy enough to implement something as onerous and difficult, right? RIGHT?!?
Enter California, which appears likely to place an initiative on the November 2018 ballot that could bring some familiar aspects of GDPR to the sixth largest economy in the world. The proposed initiative, the Consumer Right to Privacy Act of 2018 (the “CRPA”), still needs to obtain the necessary signatures to appear on the ballot and then be passed by a majority of California voters. However, given the high profile data misuse and breach stories in the news over the past several months, the possible passage of the initiative must be taken seriously.