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On January 27, 2023, California Attorney General Rob Bonta announced a new enforcement sweep aimed at businesses with mobile apps and other businesses that fail to comply with the California Consumer Privacy Act (“CCPA”).

Continue Reading California AG Announces CCPA Enforcement Sweep Aimed at Mobile Apps and Authorized Agent Requests
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On January 25, 2023, Hunton Andrews Kurth’s retail industry team released its annual Retail Industry in Review publication, which provides an overview of key issues and trends that impacted the retail sector in the past year, as well as a preview of relevant legal issues retailers can expect to arise in 2023. This year’s publication highlights key topics including cyber insurance, cybersecurity and privacy accountability, M&A activity, regulation and litigation related to PFAS, labor organizing, developments in ESG disclosure and more.

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On January 18, 2023, the European Data Protection Board (“EDPB”) published its Report on the work undertaken by the Cookie Banner Taskforce (the “Report”).

Continue Reading EDPB Publishes Report of Outcome of the Cookie Banner Taskforce
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On January 23, 2023, the California Privacy Protection Agency (“CPPA”) Board announced that it will hold a public meeting on February 3, 2023 regarding the status of the California Privacy Rights Act of 2020 (“CPRA”) rulemaking process, particularly with respect to the issuance of new draft rules on risk assessments, cybersecurity audits and automated decisionmaking.

Continue Reading CPPA Board to Hold Meeting on Status of CPRA Rulemaking
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On January 12, 2023, the French Data Protection Authority (the “CNIL”) announced a €5,000,000 fine for the social network TikTok for violations of applicable cookie rules. The fine was imposed at the end of 2022.

Continue Reading CNIL Fines TikTok 5 Million Euros Over Cookie Infringements
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On January 20, 2023, The Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth published “Digital Assets and Privacy,” a discussion paper compiling insights from workshops with CIPL member companies that explored the intersection of privacy and digital assets, with a particular focus on blockchain technology. The paper includes recommendations for developing coherent, tech-friendly, future-focused, and pragmatic regulations and policies.

Continue Reading CIPL Publishes Discussion Paper on Digital Assets and Privacy
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On January 4, 2023, the Irish Data Protection Commission (“DPC”) announced the conclusion of two inquiries into the data processing practices of Meta Platforms, Inc. (“Meta”) with respect to the company’s Instagram and Facebook platforms. As a result of the investigations, the DPC fined Meta a combined €390 million for breaches of the EU General Data Protection Regulation (“GDPR”) and, following consultation with the European Data Protection Board (“EDPB”), notably held that Meta can no longer rely on the GDPR’s “performance of a contract” legal basis for processing personal data in the behavioral advertising context, a decision that has broad implications for publishers engaged in behavioral advertising in the EU.

Continue Reading Meta Fined €390 Million by Irish DPC for Alleged Breaches of GDPR, Including in Behavioral Advertising Context
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On January 16, 2023, the Directive on measures for a high common level of cybersecurity across the Union (the “NIS2 Directive”) and the Directive on the resilience of critical entities (“CER Directive”) entered into force. The NIS2 Directive repeals the current NIS Directive and creates a more extensive and harmonized set of rules on cybersecurity for organizations carrying out their activities within the European Union. The CER Directive repeals the European Critical Infrastructure Directive and brings with it new, stronger rules for the cyber and physical resilience of critical entities and networks.

Continue Reading New Cybersecurity Directives (NIS2 and CER) Enter into Force
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On January 3, 2023, an Illinois state court entered a preliminary approval order for a settlement of nearly $300,000 in a class action lawsuit against Whole Foods for claims that the company violated the Illinois Biometric Information Privacy Act (“BIPA”). The plaintiffs alleged that Whole Foods unlawfully collected voiceprints from employees who worked at the company’s distribution centers. 

Continue Reading Whole Foods Settles BIPA Voiceprint Class Action 
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On January 10, 2023, the Centre for Information Policy Leadership (“CIPL”) at Hunton Andrews Kurth  responded to a call for public comments from the European Data Protection Board (“EDPB”) regarding their Recommendations 1/2022 on the Application for Approval and on the elements and principles to be found in Controller Binding Corporate Rules (Art. 47 GDPR) (“Recommendations 1/2022”). The Recommendations 1/2022 are intended to bring existing Controller Binding Corporate Rules (“BCR-C”) in line with the GDPR and the Schrems II ruling.

Continue Reading CIPL Responds to EDPB’s Calls for Public Comments on Recommendations for Controller Binding Corporate Rules