GDPR

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The European Union’s General Data Protection Regulation (“GDPR”) is well known as the toughest privacy and security law in the world, as it has a wide reach and imposes heavy fines against those who violate its privacy and security standards (which are quite broad). The impact of the GDPR has already been felt in the United States since it went into effect in 2018, and now U.S. lawmakers in numerous states are moving to enact similar legislations. The California Consumer Protection Act (“CCPA”) was the first instance of the GDPR’s impact in the United States, as California put in place a statute and regulations that mirrored the GDPR in several respects. Now Virginia has set in motion what could be a year-long string of states enacting similar legislation. In particular, Washington and New York have proposed legislation following the framework of the CCPA. This article will compare the CCPA to the newly enacted and proposed privacy laws in the United States.
Continue Reading GDPR in the USA? New State Legislation Is Making This Closer to Reality

Smart companies have been worried about data security for years—no one wants to be in the headlines as the next big company to have a breach, the next corporation to face a class action lawsuit or the next business facing federal or state regulatory scrutiny.  It’s only heightened in recent years as companies faced new regulations imposed by the GDPR and the CCPA.  Well, things are not getting any better in 2020—now an increasing number of municipalities are getting in on the act.

San Francisco was the first city to have this awakening in 2017. In response to the Equifax data breach on September 7, 2017, San Francisco filed claims against Equifax under California’s Unfair Competition Law (UCL).  A few months later, Los Angeles brought a similar lawsuit against Uber claiming that the company paid hackers to delete stolen data and failed to notify consumers of the breach in violation of the UCL.  But most state statutes do not give cities standing to bring lawsuits.Continue Reading Parking Tickets, Jaywalking, and Cybersecurity Breaches at Multinational Companies: City ordinances are coming off the streets and into the server room

In the News

It has now been more than four months since the GDPR was enacted, leaving corporations around the world grappling with the implications.  Bryan Clark recently offered some insights in Digital Journal’s “Q&A: Analyzing GDPR’s Impact So Far,” where he discussed the impact of GDPR on people and companies operating outside of Europe, similar privacy laws that may impact the U.S., how businesses can prepare for new privacy laws, and the impact on consumers.
Continue Reading In the News: Media & Privacy Risk Report Editors Blaine Kimrey and Bryan Clark Discuss GDPR in AdExchanger and Digital Journal

Match stick DeskJust when you thought it was safe to open your e-mail again without being inundated with updated privacy policies, here comes the California Consumer Privacy Act of 2018 (“CCPA”).  The new law, which goes into effect on January 1, 2020, will expand the privacy rights of California residents and bring some of the EU’s widely discussed General Data Protection Regulation (“GDPR”) to the United States.  There will be lots to talk about over the next year and a half as companies gear up for compliance, but here are some key features to be aware of:
Continue Reading California and GDPR “light”: A Match Made in Plaintiffs’ Lawyers’ Heaven?

As 2017 comes to a close and companies look to planning initiatives for 2018, there is one date that should be front and center for privacy professionals: May 25, 2018. That is the date that the EU’s General Data Protection Regulation (GDPR) goes into effect, meaning that any company dealing with EU consumer data needs to have a plan in place.  The GDPR has been looming for almost two years now (since its adoption on April 27, 2016), so hopefully most companies impacted by the regulation have already begun to implement compliance mechanisms. But if not, it’s not too late.

We have written previously in this space about what the scope of the GDPR requirements. The question now is what companies covered by the GDPR should be doing as they head into 2018. Here are some critical steps to make sure you are on track to ensure GDPR compliance:Continue Reading Getting Ready for GDPR Compliance in the New Year

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by regulation the GDPR, unlike the existing Data Protection Directive (implemented into the UK by the Data Protection Act 1998), will have direct effect throughout the EU. National governments will have some limited scope to tailor certain of its provisions to their jurisdiction. However, the GDPR will significantly harmonise the current national data protection laws across the EU.

Notwithstanding Brexit, the UK government has indicated its intention to implement the GDPR in full. The UK regulator’s (the Information Commissioner’s Office) powers and ability to work seamlessly with other national EU regulators will form a negotiation point in the coming Brexit deal.
Continue Reading EU General Data Protection Regulation: A Summary for Non-EU Businesses