The European Data Protection Board issued draft guidelines last month that outline when processing can be considered done for “legitimate interest.” The public has until November 20 to provide comments to the draft.Continue Reading How Legitimate Is Your Business Interest? The EDPB Has Some Thoughts
The FTC’s staff report summarizes how it views the operations of social media and video streaming companies. Of particular interest is the insight it gives into potential enforcement focus in the coming months, and into 2025. Of particular concern for the FTC in the report, issued last month, were the following:Continue Reading FTC Social Media Staff Report Suggests Enforcement Direction and Expectations
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork of privacy laws. That patchwork is found to a certain extent outside of the US as well. What laws exist in the patchwork that relate to a company’s activities?Continue Reading The Privacy Patchwork: Beyond US State “Comprehensive” Laws
Much of the focus on US privacy has been US state laws, and the potential of a federal privacy law. This focus can lead one to forget, however, that US privacy and data security law follows a patchwork approach both at a state level and a federal level. “Comprehensive” privacy laws are thus only one piece of the puzzle. There are federal and state privacy and security laws that apply based on a company’s (1) industry (financial services, health care, telecommunications, gaming, etc.), (2) activity (making calls, sending emails, collecting information at point of purchase, etc.), and (3) the type of individual from whom information is being collected (children, students, employees, etc.). There have been developments this year in each of these areas.Continue Reading Mid-Year Recap: Think Beyond US State Laws!
Sheppard Mullin is pleased to announce the creation of its new Privacy Law Resource Center to help companies navigate the increasing complexity of privacy and data security laws. We know that companies are struggling to keep track of and address the myriad global obligations that may affect them. These tools are aimed to help.Continue Reading Sheppard Mullin Creates Privacy Law Resource Center
As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most in the privacy space are well aware, the laws in many states -and countries- call for certain oversight in these situations. And many require specific content to be included in contracts. What might you want to include in your contract roadmap?Continue Reading DPA 101: Do You Know Where Your Data Is?
From the expansion of “general privacy” laws in US states and concerns over cross-border data transfers, to global focus on artificial intelligence, surveillance and dark patterns, 2023 was a busy year. Our privacy team tracked these developments and more during 2023, and we have put together this complete resource that includes our summaries of all of the privacy law developments from 2023.Continue Reading Privacy Day 2024: A Look Back at Developments from 2023
As we begin the new year, many are wondering whether the growing list of US state privacy laws apply to them, and if so, what steps they should take to address them. For companies that gather information from consumers, especially those that offer loyalty programs, collect sensitive information, or have cybersecurity risks, these laws may be top of mind. Even for others, these may be laws that are of concern. As you prepare your new year’s resolutions -or how you will execute on them- having a centralized list of what the laws require might be helpful. So, a quick recap:Continue Reading Current Status of US State Privacy Law Deluge: It’s 2024, Do You Know Where Your Privacy Program’s At?
As we pass the half-way mark of 2022, many are reflecting on their privacy compliance progress. One area that seems to be a constant battle is training. How much is needed? What kind of training? What are expectations from regulators around training?Continue Reading Privacy and Cybersecurity Training: Addressing Regulatory Concerns
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
The digital health sector has been rapidly growing, and the demand is not expected to diminish. Those in the industry will want to keep in mind some key legal concerns in the coming year, which we outline in this recent article. Privacy and cybersecurity features among these, and include more than just HIPAA concerns. There is an ever-growing patchwork of state and federal privacy laws that are being applied to the industry. At the same time, cyber threat actors are finding ways to attack even the most prepared companies in the digital health space.
Continue Reading Digital Health Trends and Privacy: What to Watch in 2022