The California Privacy Protection Agency (CPPA) recently released the draft proposed CCPA Regulations and draft initial statement of reasons. Importantly, these are draft regulations that are likely to beContinue Reading What Should We Do About the Draft CPRA Regulations?: Collection and Notice
Julia Kadish is an associate in the Intellectual Property Practice Group in the firm's Chicago office and is a member of the Privacy and Cybersecurity Team.
Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security requirements. The key changes are summarized below, and will go into effect October 1 of this year:…
The FTC recently reminded companies that principles of fairness and the likelihood of harm may in some cases prompt breach notification. This requirement might exist even if state breach notice…Continue Reading FTC Weighs In On Data Breach Notification
The European Commission recently released a set of FAQs for the new EU standard contractual clauses (SCCs). The FAQs are based on feedback received from various stakeholders and currently address…Continue Reading Working Through the New EU SCCs? European Commission Releases FAQs
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law. Companies preparing for these new laws (Virginia goes into effect January 1, 2023 and Utah December 31, 2023) will want to keep in mind the following five things about this fifth general US state privacy law. …
Continue Reading Connecticut Fifth State to Pass a Comprehensive Privacy Law
The Colorado AG’s office recently released pre-rulemaking considerations for the Colorado Privacy Act (CPA). The office is seeking informal public feedback on a series of topics. While the AG listed eight specific topics for feedback, the public can offer input on any aspect of the upcoming rulemaking. The AG’s office is interested in comments about the universal opt-out, the requirements around consent, and “dark patterns.” The AG is also interested in circumstances triggering data protection assessments and the requirements around profiling. Questions were also posed about “offline” collection of data. Lastly, the office seeks feedback to the rules around opinion letters and about how CPA compares or contrasts to privacy laws in other jurisdictions.
Continue Reading Colorado AG Seeks Input on Key Aspects of Upcoming Privacy Act
It has been almost two years since the Privacy Shield was struck down as a valid data transfer mechanism in Schrems II. Many have been wondering “what’s next”? Will there be a replacement framework? When will that be released? Will the replacement be invalidated? Well, the European Commission and US recently announced an “agreement in principle” to replace the EU-US Shield Privacy Shield. The EDPB also recently released a statement welcoming the announcement, but reminding companies that the announcement is not actually a legal framework. Thus, nothing has changed… yet.
Continue Reading Waiting on a new EU-US Privacy Shield
Arizona recently amended its breach notice law to change the regulator notification requirements. Starting this summer, depending on the scope of the incident, the Arizona Department of Homeland Security will need to be notified. Specifically, as amended, if more than 1,000 Arizona individuals are notified of a breach, then notification must be made to the three largest consumer reporting agencies, the Arizona attorney general and the Arizona Department of Homeland Security. Previously, only the consumer reporting agencies and Arizona AG needed to be notified if that threshold was met. This notification should be made within 45 days after the determination that there has been a breach. Arizona joins New York as being one of the few states that require notification to multiple state regulatory agencies.
Continue Reading Arizona Expands Regulator Data Breach Notification Obligations
Indiana has made a minor amendment to its data breach notification law. Starting July 1, companies who are obligated to notify under the law must do so (to affected individuals and the Indiana Attorney General) without unreasonable delay, but no later than 45 days after discovery of the breach. This changes the current time frame, which is “without unreasonable delay.” Indiana joins many other states that impose a specific timing requirement, in particular no later than 45 days after determining there has been a breach. For example, Alabama, Maryland, Ohio, and Wisconsin (among several others) all require notice to individuals no later than 45 days from discovery.
Continue Reading Indiana Breach Notification Law Amended, Changes Effective July 1, 2022
Utah recently joined California, Colorado, and Virginia in passing a comprehensive privacy law. It goes into effect December 31, 2023 and shares similarities with other states’ laws. Businesses may be glad to learn that Utah takes a lighter touch in some key areas.
Continue Reading The Beehive State Joins the State Privacy Law Hive: Utah Privacy Law Passes