On March 7, 2024, the Court of Justice of the European Union issued its judgment in the case of IAB Europe (Case C‑604/22). In this judgment, the CJEU assessed the role of IAB Europe in the processing operations associated with
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The Legislation Enacting Virginia’s New Class Action Statute Should Be Amended to Protect Virginia Businesses From In Terrorem Statutory Damages
Virginia is currently one of just two states, along with Mississippi, without state-court class actions. But in the most recent legislative session, the General Assembly passed Senate Bill 259, which would create a class action mechanism in Virginia state courts. …
NLRB’s Final Joint Employer Rule Stayed Amid Legal Challenges
The NRLB has hit another roadblock in its implementation of a new final joint employer rule (the “Final Rule”) as a Texas federal judge delayed its implementation until March 11. The Final Rule, which was supposed to take effect on…
DOJ Regulations and White House Executive Order Will Target Protections for Americans’ Sensitive Personal Data Against Foreign Threat Actors
President Biden recently released an Executive Order “addressing the extraordinary and unusual national security threat posed by the continued effort of certain countries of concern to access Americans’ bulk sensitive personal data and certain U.S. Government-related data.”…
Recent Suit Filed in California Federal Court May Offer Glimpse Into Adjudicating RWI Disputes
A software company—Zywave, Inc. (“Zywave”)—recently filed a lawsuit in California federal court that may provide rare insight into how courts will resolve representations and warranties (“R&W”) insurance coverage disputes. Zywave purchased a buyer-side R&W policy in connection with its acquisition…
College Board Agrees to Settle with the New York Attorney General Over Student Data Privacy
New York Attorney General Letitia James and New York State Education Department Commissioner Betty A. Rosa recently announced that College Board has agreed to settle charges in connection with allegations that it violated New York Education Law § 2-d, New…
New Restrictions on New York Employers’ Access to Employee and Applicant Social Media Accounts
Last week, New York’s Governor signed a bill into law that effectively prohibits employers from accessing employees’ or job applicants’ personal social media accounts. The law goes into effect on March 12, 2024.…
NIST Releases Cybersecurity Framework 2.0
On February 26, 2024, the National Institute of Standards and Technology (“NIST”) announced the release of Version 2.0 of its voluntary Cybersecurity Framework (“CSF”).
The first iteration of the CSF was released in 2014 as a result of an Executive…
UK ICO Issues Enforcement Notice and Warning to UK Home Office
On March 1, 2024, the UK Information Commissioner’s Office announced that it had issued an enforcement notice and a warning to the UK Home Office for failing to sufficiently assess the privacy risks posed by the electronic monitoring of people…
EDPB Launches Coordinated Enforcement Framework on Right of Access
On February 28, 2024, the European Data Protection Board announced the launch of its latest Coordinated Enforcement Framework action on the right of access.…