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Category Archives: Legislative & Regulatory Developments

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CCPA Will Now Fully Regulate Personnel and B2B Information

Businesses will need to take additional steps to ensure compliance as exemptions under the California Consumer Privacy Act expire at the end of 2022. By Robert Blamires, Michael H. Rubin, Robert W. Brown, and Jennifer Howes The California legislature adjourned its 2022 session without extending the exemptions under the California Consumer Privacy Act (CCPA) for … Continue Reading

UK Data Protection Bill: Overview of Proposed Changes (Part 1)

The bill would largely build on the UK data protection regime’s EU GDPR-style framework, albeit with UK-specific provisions. By James Lloyd, Fiona M. Maclean, Calum Docherty, Irina Vasile, Alex Ford-Cox, and Amy Smyth The UK government introduced the Data Protection and Digital Information Bill (the Bill) to Parliament on 18 July 2022, following the publication … Continue Reading

UK Data Protection Bill: Examination of Key Provisions (Part 2)

Areas of interest include anonymisation, “recognised legitimate interests”, and the ICO’s role. By James Lloyd, Fiona M. Maclean, Calum Docherty, Irina Vasile, Alex Ford-Cox, and Amy Smyth The UK Data Protection and Digital Information Bill (the Bill) sets out the government’s proposals for reforming the current UK data protection regime (consisting primarily of the UK … Continue Reading

UK Data Protection Reform: Examining the Road Ahead

UK government sets out ambitious proposal for reforming the UK data protection landscape. By Gail E. Crawford, Ian Felstead, Fiona M. Maclean, Irina Vasile, Timothy Neo, and Amy Smyth On 17 June 2022, the Department for Culture, Media and Sport (DCMS) published its response to its consultation “Data: a new direction” (the Consultation), setting out … Continue Reading

CJEU AG Sets High Bar for Responses to Data Subject Access Requests

The Advocate General argues that organisations should provide individuals with information on the specific recipients of their personal data. By Tim Wybitul, James Lloyd, Isabelle Brams, Irina Vasile, and Amy Smyth Advocate General Giovanni Pitruzzella (AG) of the Court of Justice of the European Union (CJEU) recently delivered an opinion (the Opinion) regarding the interpretation … Continue Reading

China Issues New Rules on Cybersecurity Review for Network Platform Operators Listing Abroad

Under the new rules Chinese NPOs holding more than 1 million individuals’ personal information must apply for a cybersecurity review prior to listing abroad. By Hui Xu, Kieran Donovan, and Bianca Lee On February 15, 2022, the Cybersecurity Review Measures (2021) (CRM 2021, unofficial English text available here) took effect. CRM 2021 was promulgated on … Continue Reading

UAE Publishes First Federal Data Protection Law

Organisations subject to the law should carry out a gap analysis of their current compliance position against the new requirements. By Brian A. Meenagh, Alexander Hendry, and Lucy Tucker The United Arab Emirates (UAE) has issued its first federal data protection law (Federal Decree Law No. 45/2021 on the Protection of Personal Data) (the Data … Continue Reading

CNIL Publishes White Paper on Digital Payments and Data Privacy

The French Data Protection Authority’s white paper discusses how companies can comply with data privacy and security obligations. By Christian F. McDermott, Myria Saarinen, Calum Docherty, Charlotte Guerin, Jiou (Alex) Park, and Amy Smyth The use of card, contactless, and innovative digital payment solutions has significantly increased in recent years, fueled by the immediate impacts … Continue Reading

FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials

Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. By Jennifer C. Archie, Antony “Tony” Kim, Michael H. Rubin, and Marissa R. Boynton On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements and Testimonials to more than 700 businesses (the … Continue Reading

China’s New Data Security Law: What to Know

The Data Security Law will enhance an increasingly comprehensive legal framework for information and data security in the PRC. By Hui Xu and Kieran Donovan On June 10, 2021, the Standing Committee of China’s National People’s Congress passed the Data Security Law (DSL), which will come into effect on September 1, 2021. The primary purpose of … Continue Reading

EDPB Issues New Guidance on Storing Credit Card Data for Future Purchases

Online retailers storing credit card data for the sole purpose of facilitating further purchases will likely need to obtain consumer consent. By Christian F. McDermott, Calum Docherty, and Victoria Wan Online shopping has boomed in recent years. In 2020, the European statistics agency Eurostat estimated that 7 out of 10 internet users made online purchases … Continue Reading

New Standard Contractual Clauses and Final EDPB Recommendations – Next Steps

Companies have three months to prepare to use the latest standard contractual clauses for new data transfers, and 18 months to migrate existing arrangements. By Gail Crawford, Fiona Maclean, Danielle van der Merwe, and Amy Smyth On 4 June 2021, the European Commission released its much-anticipated final Implementing Decision containing the new standard contractual clauses … Continue Reading

UAE’s New Consumer Protection Law: An End to Direct Marketing?

The new legislation extends both the protections available to consumers, as well as the obligations applicable to e-commerce retailers. By Brian A. Meenagh and Avinash Balendran With its recent implementation of a new consumer protection law, the United Arab Emirates has taken a significant step forward in protecting the rights of consumers. The new legislation … Continue Reading

Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation

The Act represents an accelerating trend among US states to attempt to pass comprehensive privacy legislation in the wake of the CCPA. By Jennifer C. Archie, Michael H. Rubin, Marissa R. Boynton, and Alexander L. Stout On March 2, 2021, Virginia Governor Ralph Northam signed comprehensive state privacy legislation titled the Consumer Data Protection Act … Continue Reading

Extensive Changes to Singapore’s Data Protection Regime Take Effect

Amendments to the PDPA significantly change Singapore’s data protection landscape, including mandatory data breach notification and criminal offences for mishandling of personal data. By Farhana Sharmeen, Esther Franks, and Gen Huong Tan On 1 February 2021, certain sections of the Personal Data Protection (Amendment) Act 2020 (the Act) took effect, implementing the following changes to … Continue Reading

FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda

Slaughter discusses the FTC’s priorities under the new administration, including ed-tech, health apps, and racial equity. By Jennifer Archie, Michael Rubin, Marissa Boynton, and Jimmy Smith On February 10, 2021, in her first major speech as acting chair of the Federal Trade Commission (the Commission, or the FTC), Rebecca Slaughter discussed the Commission’s enforcement priorities under … Continue Reading

Data Protection Brexit Checklist: Businesses Can Rely on Personal Data Transfer Grace Period

As the Brexit transition period draws to a close, businesses will need to consider their data protection efforts to comply with both UK and EU regimes. By Gail Crawford, Fiona Maclean, and Amy Smyth The end of the Brexit transition period on 31 December 2020 will have several data protection consequences. The impact of one … Continue Reading

The Commission’s Draft Updated Standard Contractual Clauses — A Close Look

The European Commission has published draft updated standard contractual clauses in light of the Schrems II decision. By Gail Crawford, Ian Felstead, Fiona Maclean, Serrin Turner, Tim Wybitul, Victoria Wan, and Amy Smyth On 12 November 2020, the European Commission (the Commission) published a draft implementing decision, annexing a draft set of updated standard contractual … Continue Reading

The EDPB’s Draft Data Transfer Guidance Following Schrems II – A Close Look

The EDPB takes a strict approach in its recent guidance on international data transfers following Schrems II, posing a difficult challenge for businesses. By Gail Crawford, Ian Felstead, Fiona Maclean, Serrin Turner, Tim Wybitul, Victoria Wan and Amy Smyth On 10 November, the European Data Protection Board (EDPB) released its much anticipated draft guidance on … Continue Reading

Swiss Regulator Determines Swiss-US Privacy Shield Is Inadequate

Swiss companies are advised to take additional measures when transferring personal data from Switzerland to the US. By Gail E. Crawford, Fiona M. Maclean, and Amy Smyth On 8 September 2020, the Swiss data protection authority, Adrian Lobsiger (the Federal Data Protection and Information Commissioner, FDPIC), concluded in his annual review that the Swiss-US Privacy … Continue Reading

How Does the New DIFC Data Protection Law Compare With the GDPR?

Latham lawyers explain who the DIFC’s new law applies to and how it maps against the GDPR. By Brian A. Meenagh, Fiona M. Maclean, Alexander Hendry, and Avinash Balendran The Dubai International Financial Centre (DIFC) recently issued a new data protection law and regulations: the Data Protection Law DIFC Law No. 5 of 2020 and … Continue Reading

France’s Highest Administrative Court Provides Insights on Lawful Cookie Practices

Court’s decision struck down blanket prohibition on so-called “cookie walls” that prevent users from accessing a website or an application. By Myria Saarinen and Charlotte Guérin France’s Highest Administrative Court (the Conseil d’Etat) issued a decision on 19 June 2020 upholding most of the guidance on cookies and other tracking devices that the French Data … Continue Reading

CJEU Invalidates EU-US Privacy Shield

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. By Gail E. Crawford, Fiona M. Maclean, Michael H. Rubin, Ulrich Wuermeling, Calum Docherty, and Amy Smyth On 16 July 2020, the Court of … Continue Reading

Hong Kong Privacy Regulator Responds to Personal Data Privacy Issues Arising From COVID-19

Hong Kong regulator declares that the disclosure of personal data of potential COVID-19 carriers is permissible under law. By Kieran Donovan COVID-19 is having a profound impact not only on the way the world interacts socially, but also in the way it interacts in business. Businesses are choosing to protect the health and well-being of … Continue Reading
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