New York’s Investigation of Dunkin Donuts Results in a Promise to Abide by the SHIELD Act’s Requirements
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LGPD – Brazil’s New Privacy Law – Now in Full Effect
As reported by numerous Brazilian privacy professionals, Brazil’s new privacy law – Lei Geral de Proteção de Dados or LGPD – is now in full effect with the sanction of Law 14508 by Brazilian President Jair Bolsonaro. The birth of a new national privacy law is a unique day for privacy professionals. That is particularly true here given that Brazil is the largest country in South America and the sixth largest country in the…
What U.S. Companies Should Know about LGPD – Brazil’s New General Data Protection Law
Keypoint: LGPD is a complicated regulatory regime that will required U.S. entities subject to its requirements to undertake substantial compliance efforts.
As documented in Dirceu Santa Rosa’s article for the IAPP’s Privacy Tracker, efforts to delay the effective date of Brazil’s General Data Protection Law – Lei Geral de Proteção de Dados or LGPD – recently failed, and the law is expected to go into force in the coming days. Brazil’s federal government also published…
Texas Privacy Protection Advisory Council Issues Interim Report
Keypoint: The report provides five recommendations for proposed privacy legislation in Texas but does not propose specific statutory language or make recommendations on many key issues.
In a reminder that winter is likely to bring another round of proposed CCPA-like state privacy legislation, earlier this month, the Texas Privacy Protection Advisory Council issued an interim report with findings and recommendations for privacy legislation in Texas.…
Switzerland’s DPA Concludes that Swiss-US Privacy Shield Does Not Provide Adequate Level of Protection
The fallout from the Schrems II judgment continued on Tuesday with an announcement from Switzerland’s Federal Data Protection and Information Commissioner (FDPIC) that the Swiss-US Privacy Shield regime “does not provide an adequate level of protection for data transfer from Switzerland to the US pursuant to [Switzerland’s] Federal Act on Data Protection (FADP).”…
European Commission and EDPB Provide Update on Efforts to Address Cross-Border Transfers After Schrems II
Keypoint: Representatives of the European Commission and EDPB advised that further guidance on cross-borders data transfers are forthcoming.
Last week, Didier Reynders, European Commissioner for Justice, and Dr. Andrea Jelinek, Chair of the European Data Protection Board (EDPB), appeared at a hearing conducted by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs, and updated committee members on their work since the Schrems II decision.…
CCPA Update: Legislature Extends Business-to-Business and Employee Exemptions for One Year
On August 30, 2020, the California legislature passed Assembly Bill 1281, which extends the CCPA’s business-to-business and employee exemptions by one year until January 1, 2022. The bill now moves to the California Governor’s office.…
CCPA Update: Analyzing the Changes to the Final CCPA Regulations
Keypoint: Some additional changes to the CCPA regulations were made before they were filed with the Secretary of State and became effective.
As discussed in our prior post, on Friday, August 14, 2020, the California Office of Administrative Law (OAL) approved the California Office of the Attorney General’s (OAG) final CCPA regulations and filed them with the California Secretary of State (SOS). The regulations were immediately effective.
Notably, the final text of the regulations…
CCPA Final Regulations Approved and Effective Immediately
EDPB Issues Guidance for Cross-Border Data Transfers in Wake of Schrems II Judgment
Keypoint: The EDPB’s FAQs resolve some open questions, such as whether there will be a grace period for companies relying on Privacy Shield, but raise other questions, such as what “supplementary measures” companies need to put in place to use Standard Contractual Clauses and Binding Corporate Rules.
In the wake of the Court of Justice of the European Union’s Schrems II judgment, on July 23, 2020, the European Data Protection Board (EDPB) adopted a…