On February 28, 2023, the European Data Protection Board (“EDPB”) issued its opinion on the draft adequacy decision of the European Commission (the “Commission”) on the new EU-US Data Privacy Framework (“DPF”). The EDPB expressed reservations in connection with the DPF, which will now undergo scrutiny by other European institutions.
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On 13 December 2022, the European Commission published its draft adequacy decision for EU-U.S. data transfers. The draft decision follows the EU-U.S. announcement of an agreement on a new EU-U.S. Data Privacy Framework (“DPF”) in March 2022 as well as the Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (“Executive Order”) signed
The California Privacy Protection Agency (“the Agency”) announced October 17, 2022, proposed modifications to the draft regulations for the California Privacy Rights Act (CPRA) that were published on July 8, 2022. The draft regulations expanded on the text of the CPRA setting out a number of additional requirements regarding obtaining consumer consent, supporting the exercise
An omnibus federal privacy bill with significant bipartisan support is currently under congressional review and, if enacted, could dramatically increase oversight of how companies use artificial intelligence (“AI”) in their businesses.
This article discusses the bill, which, even if not enacted, provides valuable insights as to potential future regulation of AI.
There has been a whirlwind of activity over the past year as states enact and implement comprehensive consumer privacy laws. Starting with the passage of the California Consumer Privacy Act (CCPA) in 2018, which became effective in 2020, the US state privacy legal landscape has continued to develop rapidly. New comprehensive privacy frameworks are set
The California Privacy Rights Act (CPRA) will go into effect on January 1, 2023, even though the draft regulations remain unsettled, leaving companies questioning their ability to comply. In this talk with Jennifer Barrera of CalChamber, we’ll discuss some of the outstanding issues that will have impacts in the state, across the country, and, indeed,
On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic
On September 8, 2022, the Federal Trade Commission (FTC) held a virtual public forum on the agency’s release last month of an Advance Notice of Proposed Rulemaking (ANPR) to regulate the protection of consumers’ privacy and data security, which we covered in a prior Legal Update. In addition to allowing the public the opportunity
Online businesses that sell to California residents should take note of a recent enforcement action by the state’s attorney general (AG) signaling that adequate notice of sale must be provided in a business’s privacy policy, California residents’ opt-out requests must be honored, and, from the AG’s perspective, the use of third-party cookies for targeted advertising
On August 11, 2022, the Federal Trade Commission (FTC) voted 3-2 on partisan lines to file an Advance Notice of Proposed Rulemaking (ANPR) that would regulate the protection of consumers’ privacy and data security in a rulemaking titled “Trade Regulation Rule on Commercial Surveillance and Data Security.”
The release of this ANPR—in the midst of