On February 5, 2020, the Centre for Information Policy Leadership at Hunton Andrews Kurth submitted a response to the European Commission’s public consultation on the Commission’s Proposal for a Regulation on European Data Governance. This proposal is the first set of initiatives announced under the broader European Data Strategy.
Continue Reading CIPL Submits Response to European Commission’s Proposal for a Regulation on European Data Governance

On January 28, 2021, international Data Privacy Day, the newly formed Brazilian data protection authority published its regulatory strategy for 2021-2023 and work plan for 2021-2022 (in Portuguese). This post includes an overview of both strategies, as well as details about the newly formed authority.
Continue Reading Brazilian Data Protection Authority Publishes Regulatory Strategy for 2021 – 2023

On February 4, 2021, the French Data Protection Authority announced that it sent letters and emails to approximately 300 organizations, both private and public, to remind them of the new cookie law rules and the need to audit their sites and apps to comply with those rules by March 31, 2021.
Continue Reading CNIL Calls Organizations to Audit their Sites and Apps for Cookie Compliance

On January 27, 2021, the French Data Protection Authority announced that it imposed a fine of 150,000 Euros on a data controller, and a fine of 75,000 Euros on its data processor, for failure to implement adequate security measures to protect customers’ personal data against credential stuffing attacks on the website of the data controller. The CNIL decided not to make its decisions public, thereby not disclosing the name of the companies sanctioned.
Continue Reading CNIL Fines a Data Controller and Its Processor 225,000 Euros for Security Violation in Connection with Credential Stuffing

The recent UK case of Soriano v Forensic News and Others tested the territorial reach of the General Data Protection Regulation and represents the first UK judgment dealing with the territorial scope of the GDPR. This was a “service out” case, where the claimant, Walter T. Soriano, sought the Court’s permission under the UK Civil Procedure Rules to serve proceedings on the defendants, who were all domiciled in the U.S.
Continue Reading UK Case Tests the Territorial Application of the GDPR to U.S. Run Website

On January 18, 2021, the European Data Protection Board released draft Guidelines 01/2021 on Examples regarding Data Breach Notification. The Guidelines aim to assist data controllers in deciding how to handle data breaches, including by identifying the factors that they must take into account when conducting risk assessments to determine whether a breach must be reported to relevant supervisory authorities and/or the affected data subjects.
Continue Reading EDPB Publishes Guidelines on Examples regarding Data Breach Notification

On January 13, 2021, the FTC announced that fertility-app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics providers despite representations that Flo would keep such information private.
Continue Reading FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information