On April 1, 2021, California’s Supreme Court ruled unanimously that the state’s prohibition on recording calls without consent applies to parties on the call and not just third-party eavesdroppers. Writing for the Court, Chief Justice Tani G. Cantil-Sakauye wrote that California’s penal code “prohibits parties as well as nonparties from intentionally recording a communication transmitted between a cellular or cordless phone and another device without the consent of all parties to the communication.”
Continue Reading California Supreme Court Requires All-Party Consent to Record Phone Calls

China’s State Administration for Market Regulation has recently issued Measures for the Supervision and Administration of Online Transactions. The Measures implement rules for the E-commerce Law of China and provide the specific rules for addressing registration of an online operation entity, supervision of new business models (such as social e-commerce and livestreaming), platform operators’ responsibilities, protection of consumers’ rights and protection of personal information.
Continue Reading China Issues the Measures for the Supervision and Administration of Online Transactions

The Centre for Information Policy Leadership at Hunton Andrews Kurth has submitted its comments on the Irish Data Protection Commissioner’s draft guidance on the safeguarding of the personal data of children when providing online services.
Continue Reading CIPL Submits Comments on Irish DPC’s Guidance on Safeguarding Personal Data of Children

On March 15, 2021, the state Data Protection Authority of Bavaria declared the use of U.S. e-mail marketing service Mailchimp by a fashion magazine in Bavaria impermissible due to lack of compliance with Schrems II mitigation steps for the transfer of e-mail addresses to the U.S.
Continue Reading Bavarian DPA Declares Transfers to E-mail Marketing Service Prohibited Due to Lack of Controller’s Assessment and Supplementary Measures

The Secretary of State for Digital, Culture, Media & Sport has signed a Memorandum of Understanding with the UK Information Commissioner’s Office in relation to new UK adequacy assessments following the UK’s departure from the European Union. The Memorandum of Understanding sets out how DCMS and third countries will negotiate adequacy decisions, referred to under the Memorandum of Understanding as “adequacy regulations”.
Continue Reading UK Government and ICO Agree on Procedure for Future Adequacy Decisions

France’s highest administrative court recently issued a summary judgment that rejected a request for the suspension of the partnership between the French Ministry of Health and Doctolib, a leading provider of online medical consultations in Europe, for the management of COVID-19 vaccination appointments.
Continue Reading French Highest Court Rejects Suspension of Partnership with EU Service Provider Using AWS; Extends Application of the Schrems II Requirements

On March 12, 2021, the European Data Protection Board (“EDPB”) published its Guidelines 01/2021 on Virtual Voice Assistants for consultation (the “Guidelines”). Virtual voice assistants (“VVAs”) understand and execute voice commands or coordinate with other IT systems. These tools are available on most smartphones and other devices and collect significant amounts of personal data, such as through user commands. In addition, VVAs require a terminal device equipped with a microphone and transfer data to remote service. These activities raise compliance issues under both the General Data Protection Regulation (“GDPR”) and the e-Privacy Directive.
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The Centre for Information Policy Leadership at Hunton Andrews Kurth has submitted its response to the European Data Protection Board consultation on draft guidelines on examples regarding data breach notification. CIPL welcomes the Guidelines which come at a time at which cyber attacks are surging as a result of the move to remote working triggered by the COVID-19 crisis, and should help organizations avoid over-reporting.
Continue Reading CIPL Submits Response to the EDPB Guidelines on Examples Regarding Data Breach Notification