On June 8, 2023, the United Kingdom and the United States announced they reached a commitment in principle to establish the UK Extension to the Data Privacy Framework, which will create a “data bridge” between the two countries. U.S. companies approved to join the framework would be able to receive UK personal data under the new data bridge.
Continue Reading UK and U.S. Announce Commitment to “Data Bridge”EDPB Adopts Guidelines on the Calculation of Administrative Fines
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Posted in European Union, International
On June 7, 2023, the European Data Protection Board (“EDPB”) adopted the final version of its Guidelines on the calculation of administrative fines under the GDPR (the “Guidelines”). Through the Guidelines, the EDPB intends to harmonize the methodology used by supervisory authorities (“SA”) to calculate fines.
Continue Reading EDPB Adopts Guidelines on the Calculation of Administrative FinesGoogle Updates Privacy Terms to Shift Away From Offering Some Services as a “Service Provider” Under the CCPA
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On May 24, 2023 Google LLC (“Google”) announced its recently updated privacy terms providing that, for many of Google’s advertising services, it will no longer act as a service provider for the purposes of the California Privacy Rights Act of 2020 (“CPRA”). The change may affect businesses’ prior determinations of whether they “sell” personal information under the California Consumer Privacy Act of 2018 (“CCPA”). The updated terms take effect on July 1, 2023, the day CPRA enforcement begins.
Continue Reading Google Updates Privacy Terms to Shift Away From Offering Some Services as a “Service Provider” Under the CCPAUK ICO Publishes New Report on Neurotechnology and Warns of “Real Danger” of Discrimination
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On June 8, 2023, the UK Information Commissioner’s Office (“ICO”) published a new report on neurotechnology. Neurotechnology is technology used to monitor neurodata, the information coming directly from the brain and nervous system. In its press release on the report, the ICO warns that “that newly emerging neurotechnologies risk discriminating against people if those groups are not put at the heart of their development” and predicts the use of such technologies to become “widespread over the next decade.”
Continue Reading UK ICO Publishes New Report on Neurotechnology and Warns of “Real Danger” of DiscriminationChina Issues Guidelines regarding Filing Standard Contracts for Cross-Border Transfer of Personal Information
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On May 30, 2023, the Cyberspace Administration of China (“CAC”) issued the Guideline for Filing the Standard Contract for Cross-border Transfer of Personal Information (“SC”). On June 1, 2023, the SC became an effective mechanism for transferring personal data outside of China. When using the SC as a transfer mechanism, it must be filed with the CAC and the new Guideline provides guidance for doing so. The key elements of the Guideline are summarized below.
Continue Reading China Issues Guidelines regarding Filing Standard Contracts for Cross-Border Transfer of Personal InformationEDPB Elects a New Chair
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Posted in European Union, International
On May 25, 2023, the European Data Protection Board (“EDPB”) elected Anu Talus, head of the Finish data protection authority, as its new Chair, replacing Andrea Jelinek. The EDPB also elected Irene Loizidou Nikolaidou, head of the Cypriot data protection authority, as one of its Deputy Chairs, replacing Ventsislav Karadjov.
Continue Reading EDPB Elects a New ChairWill Mandatory Generative AI Use Certifications Become the Norm in Legal Filings?
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Posted in Information Security, U.S. State Law
On June 2, 2023, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas released what appears to be the first standing order regulating use of generative artificial intelligence (“AI”)—which has recently emerged as a powerful tool on many fronts—in court filings. Generative AI provides capabilities for ease of research, drafting, image creation and more. But along with this new technology comes the opportunity for abuse, and the legal system is taking notice.
Continue Reading Will Mandatory Generative AI Use Certifications Become the Norm in Legal Filings?FTC Issues Proposed Order Against Home Security Camera Company Ring
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On May 31, 2023, the Federal Trade Commission announced a proposed order against home security camera company Ring LLC (“Ring”) for unfair and deceptive acts or practices in violation of Section 5 of the FTC Act.
Continue Reading FTC Issues Proposed Order Against Home Security Camera Company RingTexas Amends State Data Breach Notification Law
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Posted in Enforcement, U.S. State Law
On May 27, 2023, Texas Governor Greg Abbott signed into law an amendment to Texas’s data breach notification law. The amendment shortens the time period for notifying the Texas Attorney General, requiring notification of a data breach as soon as practicable and not later than 30 days after discovery of the breach. The amendment also requires notification to the Texas Attorney General to be submitted electronically using a form accessed through the Texas Attorney General’s Internet website. The amendment will take effect on September 1, 2023.
FTC Publishes Proposed Order Against Ed Tech Provider Edmodo
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On May 22, 2023, the Federal Trade Commission announced a proposed order against education technology provider Edmodo, LLC (“Edmodo”) for violations of the Children’s Online Privacy Protection Rule (“COPPA Rule”) and Section 5 of the FTC Act.
Continue Reading FTC Publishes Proposed Order Against Ed Tech Provider Edmodo