Tag Archives: GDPR

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

Photo of Fernando A. Bohorquez, Jr.Photo of Gerald J. FergusonPhoto of Yadilsa DiazPhoto of Priyanka SurapaneniBy Fernando A. Bohorquez, Jr., Gerald J. Ferguson, Yadilsa Diaz and Priyanka Surapaneni on Posted in Cookies
Part I: What Are Third-Party Cookies and Why They Are Important Part II: Privacy Laws and Third-Party Cookies Part III: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – Browsers and Mobile — PART III — The Big Tech Phase-Out Welcome to the third installment in our eight-part series preparing … Continue Reading

Countdown to the CPRA

Photo of Jennifer MitchellPhoto of Taylor A. BloomPhoto of Justin T. YedorBy Jennifer Mitchell, Taylor A. Bloom and Justin T. Yedor on Posted in CPRA
On Oct. 15, 2021, BakerHostetler reported on the status of the California Privacy Protection Agency’s rulemaking process and the challenges the agency faces issuing regulations under the California Privacy Rights Act (CPRA) before the July 1 rulemaking deadline. As we continue to wait for the publication of regulations, what can businesses do to make progress … Continue Reading

US Facial Recognition Firm Ordered to Stop Processing UK and Australian Data and Pay Fine Over Privacy Law Violations

Photo of Jeewon SerratoPhoto of Shea M. LeitchBy Jeewon Serrato and Shea M. Leitch on Posted in AI, Biometrics, Data Privacy, GDPR, Privacy, Privacy Litigation
ICO and OAIC Find ‘Serious Breaches’ of Privacy Law On Nov. 29, 2021, the U.K. Information Commissioner’s Office (ICO) announced a provisional intent to fine Clearview AI over £17 million, alleging several privacy violations related to the company’s use of “scraped” data and biometrics of individuals. More significantly, the provisional order would require the company … Continue Reading

Are More European Standard Contractual Clauses Coming?

Photo of Andreas KaltsounisPhoto of Nichole SterlingBy Andreas Kaltsounis and Nichole Sterling on Posted in Data Protection, GDPR
On November 18, 2021, the European Data Protection Board (EDPB) adopted its new draft guidance on the interplay between Article 3 of the European Union’s General Data Protection Regulation (GDPR) and Chapter V of the same law. This new guidance specifies that personal data processing by organizations in countries outside the European Economic Area (EEA) is … Continue Reading

International Data Protection Update – Summer 2021

Photo of Nichole SterlingPhoto of Melinda L. McLellanPhoto of Andreas KaltsounisBy Nichole Sterling, Melinda L. McLellan and Andreas Kaltsounis on Posted in Data Protection, Enforcement, EU, GDPR, International Privacy Law
This update highlights some of the international data protection issues that caught our attention, and the attention of our clients, over the summer. Asia-Pacific China’s Data Security Law and Personal Information Protection Law – This summer, the People’s Republic of China passed two new data protection laws. The Data Security Law (DSL) passed in June … Continue Reading

Data Breach Enforcement Is a Global Risk

Photo of Seungjae LeePhoto of Nichole SterlingBy Seungjae Lee and Nichole Sterling on Posted in Data Security Incident Response
The 2021 edition of BakerHostetler’s annual Data Security Incident Response Report highlights some regulatory enforcement trends we saw from the European Union (EU) data protection authorities (DPAs) during the past year. EU DPA enforcement actions increased significantly in 2020, as DPAs followed up on personal data breach notices and individual complaints and also launched investigations … Continue Reading

Updated EU Standard Contractual Clauses Are Finally Here

Photo of Nichole SterlingPhoto of Andreas KaltsounisPhoto of Melinda L. McLellanBy Nichole Sterling, Andreas Kaltsounis and Melinda L. McLellan on Posted in EU, GDPR
On June 4, 2021, the European Union’s (EU) executive branch, the European Commission (EC), released their new Standard Contractual Clauses (SCCs) for compliant cross-border data transfers under the EU’s General Data Protection Regulation (GDPR), ending a long wait for revised SCCs. The new SCCs resolve certain practical issues companies faced when using the older versions but … Continue Reading

International Data Protection Update – First Quarter 2021

Photo of Nichole SterlingPhoto of Andreas KaltsounisPhoto of Melinda L. McLellanBy Nichole Sterling, Andreas Kaltsounis and Melinda L. McLellan on Posted in Data Protection
This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months. Europe, the Middle East and Africa Cookies and Tracking Technologies – On March 31, 2021, the revised guidelines on cookies and trackers from the French data protection authority, … Continue Reading

New EDPB Draft Guidance Provides Practical Scenarios for Data Breach Notification Analysis Under the GDPR

Photo of Michael FitzgeraldPhoto of Benjamin WangerBy Michael Fitzgerald and Benjamin Wanger on Posted in GDPR
In certain cases, the General Data Protection Regulation (GDPR) requires entities that experience a personal data breach to provide notice of the incident to relevant national supervisory authorities and the individuals whose personal data was compromised. The European Data Protection Board (EDPB) — a board of representative members from each of the European national supervisory … Continue Reading

Privacy and Product Counseling: 2020 in Review

Photo of Gerald J. FergusonPhoto of Nichole SterlingBy Kyle R. Fath, Gerald J. Ferguson and Nichole Sterling on Posted in Privacy
Summary Advising our clients on compliance with laws and regulations is, hands down, the most important aspect of our role as attorneys. In addition to seeking counsel on their obligations under laws and regulations, however – motivated by industry trends, utilization of and dependence on third-party services and platforms, and, this year, the COVID-19 pandemic … Continue Reading

European Authorities Release Back-to-Back Drafts Addressing Cross-Border Data Transfers

Photo of Melinda L. McLellanPhoto of Nichole SterlingBy Melinda L. McLellan and Nichole Sterling on Posted in EU, GDPR
Last week, both the European Data Protection Board (EDPB) and the European Commission released highly anticipated draft documents offering guidance to organizations that engage in cross-border data transfers involving EU personal data. The EDPB, an independent body responsible for consistent application of data protection rules throughout the EU, published draft recommendations on supplemental measures for transfer … Continue Reading

Reexamining the GDPR’s Territorial Scope

Photo of Andreas KaltsounisBy Andreas Kaltsounis on Posted in GDPR
Key Takeaways From the European Data Protection Board’s New Guidance In November 2019, the European Data Protection Board (EDPB) issued its final guidance on territorial scope of the General Data Protection Regulation (GDPR), following release of the draft guidelines in November 2018 and a lengthy public consultation period. Comparing the final and draft versions provides … Continue Reading

EU Updates: ePrivacy Regulation Inches Forward, EDPB Issues Guidance on Interplay Between GDPR and ePrivacy Directive

Photo of Melinda L. McLellanBy Melinda L. McLellan and Kyle R. Fath on Posted in GDPR
Adoption of the ePrivacy Regulation Introduced in 2017, and originally slated to go into effect with the GDPR (on May 25, 2018), it now appears the ePrivacy Regulation will not be implemented before late 2021. With the Romanian Presidency’s oversight of the Council of the European Union passing to Finland as of July 1, and … Continue Reading

Deeper Dive: GDPR a Game-Changer for Data Breach Notification

Photo of Andreas KaltsounisBy Laura E. Jehl and Andreas Kaltsounis on Posted in Data Breach Notification Laws, Data Security Incident Response, GDPR
When the EU General Data Protection Regulation (GDPR) took effect on May 25, 2018, it dramatically changed the way multinationals manage the reporting of personal data breaches. It also substantially raised the stakes: Entities found to have violated the GDPR’s data security and breach reporting obligations could face much steeper regulatory fines than those available … Continue Reading

Washington Privacy Act Clears Senate

Photo of Shea M. LeitchBy Shea M. Leitch on Posted in State Legislation
On March 6, SB 5376, the Washington Privacy Act, passed the Washington Senate in an overwhelming 46-1 vote (with two members excused). Prior to its passage, the Senate adopted important revisions and clarifications that would provide important relief for businesses from some of the more onerous provisions of the legislation. As we reported in our … Continue Reading

EU Regulators Increase Focus on Cookie Practices

Photo of Jean ShinPhoto of Monique MatarBy Laura E. Jehl, Kyle R. Fath, Jean Shin and Monique Matar on Posted in Enforcement, GDPR
In the absence of cookies-related guidance and enforcement by regulators against ordinary website publishers and operators, many e-commerce sites, online publishers and other website operators have taken a “wait and see” approach with respect to implementing GDPR-compliant cookies consent procedures. Recent cookies-related regulatory guidance, however, from the Dutch data protection authority, Autoriteit Persoonsgegevens (“Dutch DPA”), … Continue Reading

Washington State Proposes Sweeping Privacy Legislation

Photo of Andreas KaltsounisPhoto of Shea M. LeitchBy Andreas Kaltsounis and Shea M. Leitch on Posted in GDPR, State Legislation
On Jan. 17, 2019, a new privacy law was proposed in the Washington state Senate. If passed, the Washington Privacy Act would impose far-reaching responsibilities on companies to protect the privacy of “personal data.” Lifting many provisions almost entirely from the text of the European Union’s General Data Protection Regulation (GDPR), the legislation would arguably … Continue Reading

“No Deal” Brexit May Bring Practical Problems for Privacy and Data Protection

By Laura E. Jehl, Kyle R. Fath and Jaime B. Petenko on Posted in EU-U.S. Privacy Shield Framework, International Privacy Law
With a “No Deal” Brexit seeming more likely than ever after the UK Parliament voted down a proposed deal in January 2019, concerns are rapidly multiplying about the effects of such a withdrawal from the EU for organizations doing business in the UK, and how those organizations will address numerous practical issues, privacy and data … Continue Reading

Racing to Meet the 72-hour Deadline to Report a Personal Data Breach in the EU? A GDPR Resource Is Available

By Laura E. Jehl and Jaime B. Petenko on Posted in GDPR, International Privacy Law
Companies face substantial challenges in complying with breach notification requirements under Article 33 of the General Data Protection Regulation (GDPR). Article 33 requires a data controller to report a personal data breach to European Union (EU) supervisory authorities within 72 hours of becoming aware of the breach if it is likely to result in a … Continue Reading

Advocate General Opinion Supports Limiting the “Right to be Forgotten” to the EU

Photo of Nichole SterlingBy Laura E. Jehl, Emily R. Fedeles and Nichole Sterling on Posted in GDPR, International Privacy Law
On January 10, Advocate General Maciej Szpunar released an opinion recommending that Google and other search engines should not be forced to apply the EU’s “right to be forgotten” beyond the EU.  The advocates general assist the judges of the Court of Justice of the European Union (CJEU), providing independent legal solutions to issues presented … Continue Reading

NFA’s Amended Cybersecurity Guidance Includes New Incident Reporting Requirement

Photo of Jonathan A. FormanBy Jonathan A. Forman on Posted in Cybersecurity, Incident Response
Following other regulators, the National Futures Association (NFA) recently amended its cybersecurity guidance to, among other things, impose a new cybersecurity incident reporting requirement on members. Cybersecurity Incident Reporting. According to the amended guidance, members will be required to report to NFA any cybersecurity incident related to the member’s commodity interest business that resulted in … Continue Reading

Privacy Shield Update: Commission Report, Ombudsperson Deadline, Brexit Guidance

Photo of Melinda L. McLellanBy Melinda L. McLellan, Emily R. Fedeles and Kyle R. Fath on Posted in EU-U.S. Privacy Shield Framework, International Privacy Law, Online Privacy, Privacy Litigation
The end of 2018 saw heightened activity surrounding the EU-U.S. Privacy Shield Framework.  This blog post provides a news roundup on the following developments: • The European Commission’s (the “Commission”) December 19th report (the “Report”) summarizing the second annual joint review that was held in October 2018. • The Report’s February 28, 2019 deadline for … Continue Reading

New FTC Provides Insights Into Its Plan for a Balanced Approach to Data Privacy and Security

Photo of Carolina AlonsoBy Alan L. Friel, John Busch and Carolina Alonso on Posted in Federal Legislation, GDPR, Online Privacy
This year brought unprecedented focus on consumer privacy – the rollout of the European Union General Data Protection Regulation (GDPR), the Cambridge Analytica controversy and Congressional hearings, a GDPR-light law coming out of California, more and bigger security incidents, and multiple proposals for an omnibus federal data protection law. The Federal Trade Commission (FTC or … Continue Reading
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