general data protection regulation GDPR

Companies subject to India’s new data protection law should assess practical implications.

By Gail Crawford, Fiona Maclean, Danielle van der Merwe, Kate Burrell, Bianca H. Lee, Alex Park, Irina Vasile, and Amy Smyth

The Indian parliament enacted India’s first comprehensive data protection law on 11 August 2023, namely the Digital Personal Data Protection Act 2023 (the DPDPA). The DPDPA will replace India’s existing patchwork of data protection rules[i] and is expected to trigger significant changes in how companies subject to Indian data protection laws process personal data. However, the law is not yet operational; no effective date has been established and there is no official timeline for the overall implementation. Stakeholders expect the law to come into force in a phased manner in the next six to 12 months, after:

  1. an independent agency responsible for enforcing the DPDPA — the Data Protection Board of India (the Data Protection Board) — is established; and
  2. the Indian government has framed the subordinate rules (which are expected to provide interpretative guidance on procedural steps and enforcement methodology).

The DPDPA is “umbrella” legislation, as it sets out only a high-level framework for India’s new data protection regime, with supplementary rules expected in due course. Though the new law is not yet operational, companies subject to the new law are advised to begin assessing potential practical implications at an early stage.

Digital security concept

Covered financial institutions now face heightened expectations in relation to cybersecurity governance, risk assessment, and incident reporting.

By Jenny Cieplak, Tony Kim, Arthur Long, Clayton Northouse, Serrin Turner, Yvette D. Valdez, Deric Behar, and Molly Whitman

The New York State Department of Financial Services’ (DFS) amendments (the Amendments) to its cybersecurity regulations, which were adopted last month with the first implementation deadline of December 1, 2023, impose new and enhanced requirements on covered entities.

On November 1, 2023, the DFS announced the Amendments to its regulations that were initially published in 2017 (23 NYCRR part 500). The changes impose more demanding requirements for larger entities, new obligations to report ransomware incidents and payments, and expanded oversight responsibilities for board and senior management. Requirements related to business continuity and disaster recovery have also been included for the first time.

smart traffic

The final Implementing Regulations are generally business-friendly and bring the law closer to the EU GDPR.

By Brian A. Meenagh and Lucy Tucker

The Saudi Data & AI Authority (SDAIA) recently issued the final Implementing and Transfer Regulations for the upcoming Personal Data Protection Law (PDPL), the first comprehensive data protection law in Saudi Arabia. This follows the publication of consultation drafts of the Implementing and Transfer Regulations in April 2023 (the Consultation Draft). The PDPL was issued under Royal…

The new general data privacy laws in Oregon and Delaware expand on existing requirements under other state privacy laws.*

By Robert Blamires, Clayton Northouse, Austin L. Anderson, and Jennifer Howes

Key Takeaways:

  • On July 20, 2023, Oregon’s governor signed the Oregon Consumer Privacy Act into law. The law will take effect on July 1, 2024.
  • On September 11, 2023, Delaware’s governor signed the Delaware Personal Data Privacy Act into law. The law will take effect on January 1, 2025.
  • The Oregon law expands individuals’ right of access to their data to now include a list of names of the third parties to which a business has disclosed an individual’s personal data.[i]
  • Unlike most of the other new state general data privacy laws (and several other existing data privacy regimes), both laws apply to nonprofit entities, with some limited exceptions. Oregon gives nonprofit entities a one-year grace period beyond the law’s effective date.
  • Delaware requires covered businesses to obtain consent of individuals between the ages of 13 and 18 prior to processing their personal data for purposes of selling, targeted advertising, or certain profiling activities.
Abstract Blue Globe With Glowing Networks - Europe

The new framework provides an additional route for personal data transfers from the EEA to the US.

By Robert Blamires, Gail E. Crawford, James Lloyd, Clayton Northouse, Alice Brunning, Alexander Ford-Cox, and Jennifer Howes

On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US Data Privacy Framework (DPF) for transfers of data from the European Economic Area (EEA) to the US. The EC adopted an adequacy decision following the fulfilment by the US of its implementation commitments under the DPF. The adequacy decision enables organisations to transfer personal data from the EEA to organisations in the US that have self-certified under the DPF with immediate effect. As of 10 July 2023, organisations that were certified under the EU-US Privacy Shield (Privacy Shield) are now certified under the DPF and can begin receiving data from the EEA via the DPF.

California State Capital

Washington State’s landmark privacy law has inspired other states to pass similar laws with stringent requirements on a broad range of companies and processing activities.

By Heather B. Deixler, Clayton Northouse, Austin L. Anderson, Kiara E. Vaughn, and Kathryn Parsons-Reponte

Key Takeaways:

  • On April 27, 2023, Washington State enacted the My Health My Data law (My Health My Data Act), a health privacy law that broadly applies to personal information that is or can be linked to a consumer and identifies the consumer’s physical or mental health status.
  • On June 16, 2023, Nevada passed a similar law by enacting Senate Bill 370 (Nevada Health Privacy Law).
  • Both laws apply to consumer health information not covered under health data privacy laws like the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA). However, while Nevada’s law shares similar terminology as Washington State’s law, it is narrower in scope and unlike the Washington State law, it does not include a private cause of action.
  • The requirements under both laws include publishing a consumer health data privacy policy, obtaining consent for the collection and sharing of consumers’ health data with prescriptive requirements, and establishing consumer health data rights.
  • While both laws will be enforced by the states Attorney General, the Washington State law also provides a private right of action, allowing individuals to directly bring an enforcement action against a business.
  • With certain exceptions (see small businesses and the geolocation restriction under My Health My Data), both laws will go into effect on March 31, 2024.

Washington State and Nevada have now passed health data privacy laws that impose obligations relating to the collection, processing, and sharing of “consumer health data.” Both laws (collectively, State Health Data Privacy Laws) go into effect on March 31, 2024, with some exceptions. The Washington State law’s ban on geofencing went into effect on July 23, 2023, and the law also includes a slight delay for small businesses, which are not subject to most of the law’s requirements until June 30, 2024.

Honk Kong Financial District

The guidance encourages organisations to formulate a data breach response plan, and outlines recommendations for handling an increasing number of data breach incidents.

By Kieran Donovan and Jacqueline Van

On 30 June 2023, the Office of the Privacy Commissioner for Personal Data of Hong Kong (PCPD) issued revised guidance titled “Guidance on Data Breach Handling And Data Breach Notifications” (the Guidance Note). While the Guidance Note broadly aligns with the last update in January 2019 (the 2019 Guidance), it also contains further details and recommendations to organisations on how to respond to data breaches.

The PCPD published the Guidance Note following a surge in reported data breach incidents, which have increased by more than 20% in the first half of this year compared to the second half of 2022.

Padlock on laptop

The California Attorney General’s investigative sweep is a potential harbinger of increased focus on employers’ data privacy compliance with respect to employee data.

By Robert Blamires, Michael H. Rubin, Joseph C. Hansen, and Kathryn Parsons-Reponte

On July 14, 2023, the California Attorney General announced an investigative sweep targeting large California employers, focusing on employers’ compliance with the California Consumer Privacy Act’s (CCPA’s) recently expanded coverage of employees and job candidates. The announcement follows the expiration of a prior exemption for personnel and business to business (B2B) data under the CCPA (for more information, see this Latham blog post).

Privacy concept: Home on digital background

Covered companies will need to take additional steps to comply with the law in light of the new obligations relating to consumer health data and minors under 18 years old.

By Marissa R. Boynton, Serrin Turner, Joseph C. Hansen, Jennifer Howes, and Dyllan Brown-Bramble

On June 6, 2023, the Connecticut legislature passed Substitute Senate Bill No. 3 (SB3), which significantly amends the Connecticut Data Privacy Act (CTDPA), thereby broadening its reach. While the CTDPA took effect on July 1, 2023, the amendments do not yet apply.

The provisions in SB3 concerning consumer health data were originally drafted to take effect on July 1, 2023, alongside the rest of the CTDPA. However, a day after SB3 passed, the state budget bill amended the provisions related to consumer health data. The provisions will now take effect on October 1, 2023.

Separately, the requirements for dating app operators will take effect on January 1, 2024; the requirements for social media platforms will take effect on July 1, 2024; and the requirements for online providers of services, products, or features used by minors under 18 will take effect on October 1, 2024.

Internet Security Concept

Florida’s law introduces novel provisions that depart from existing US state privacy laws, which businesses will need to carefully consider.

By Jennifer C. Archie, Clayton Northouse, Joseph C. Hansen, and Austin L. Anderson

Key Takeaways:

  • On June 7, 2023, Florida’s governor signed the Digital Bill of Rights into law, set to go into effect on July 1, 2024.
  • Unique to Florida, the law mainly targets very large enterprises, adopting a revenue threshold of at least $1 billion gross annual revenue for many of its requirements, and regulating companies engaged in specific enumerated digital lines of business.
  • The law also imposes obligations on all for-profit businesses (regardless of revenue threshold) that do business in the state and “sell” the sensitive personal data of Florida consumers.
  • Many of the law’s requirements are modeled off of Virginia’s privacy law, but covered businesses will need to pay special attention to unique requirements around consumer rights, privacy policy disclosures, and restrictions on data obtained from consumers under the age of 18.
  • The Florida Attorney General has exclusive enforcement authority, and penalties can reach up to $150,000 for certain violations, including failure to correct or delete a consumer’s personal data.
  • Favorably, the law provides a discretionary 45-day right to cure.