On November 9, 2023, the European Parliament has adopted the final version of the Data Act, marking a significant milestone in the evolving landscape of digital regulation. The Data Act is part of the European Commission’s broader strategy to
Data Law Insights
Legal insights on navigating privacy, data protection, cybersecurity, information governance, and e-discovery
Data Law Insights, published by Crowell & Moring LLP, focuses on legal issues surrounding data privacy, cybersecurity, and technology law. The blog covers topics such as compliance with privacy statutes like the California Invasion of Privacy Act (CIPA), interpretation of privacy laws in the context of new technologies, and liability risks for companies operating websites and digital services. It also addresses regulatory developments including the EU's NIS2 Directive on cybersecurity obligations for essential and important entities, and the implications for businesses operating across jurisdictions. The blog provides analysis on managing legal risks related to data collection, consent, and information security in evolving technological landscapes.
Latest from Data Law Insights - Page 2
European Data Protection Supervisor Releases New Opinion on the EU’s Proposed AI Act
On October 24, 2023, the European Data Protection Supervisor (EDPS), which is the supervisory authority for the EU institutions, bodies, offices and agencies (EUIs), published a new opinion on the widely discussed proposal for an EU Regulation laying down harmonized…
Uncharted Territory: The SEC Sues SolarWinds and its CISO for Securities Laws Violations in Connection with SUNBURST Cyberattack
On October 30, 2023, the Securities and Exchange Commission (the “SEC”) filed a civil lawsuit charging SolarWinds Corporation (“SolarWinds” or the “Company”) and its chief information security officer, Timothy G. Brown (“Brown”), with securities fraud, internal controls failures, misleading investors…
Catch Up Fast: The “Data Days” of Summer in China
The summer has been anything but slow in the People’s Republic of China. China is leaning into its regulation of emerging technologies, while attempting to strike a balance with its domestic economic priorities. In just the past few weeks, state…
The Future is Here: Senate Judiciary Committee’s Oversight of AI and Principles for Regulation
By Jacob Canter
On July 25, 2023, the Senate Judiciary Committee held its fifth hearing this year on artificial intelligence (AI). This is the second hearing held by the Subcommittee on Privacy, Technology, and the Law, and it highlighted the “bipartisan unanimity” in…
The First Text Cuts the Deepest: Eleventh Circuit Aligns with Other Circuits on TCPA Standing
On July 24, 2023, an en banc Eleventh Circuit joined the majority of circuits to find that just one text is sufficient to establish standing to bring a Telephone Consumer Protection Act (“TCPA”) claim. The decision, Drazen v. Pinto, — F.4th…
Five Key Takeaways from the SEC’s Final Cybersecurity Rules for Public Companies
On July 26, 2023, the SEC finalized long-awaited disclosure rules (the “Final Rules”) regarding cybersecurity risk management, strategy, governance, and incidents by public companies that are subject to the reporting requirements of the Securities Exchange Act of 1934. While the…
Biden Admin Eyes IoT Cyber Practices
By Sarah Rippy & Kate Growley
On June 18, 2023, the Biden-Harris administration announced the launch of a new “U.S. Cyber Trust Mark” program (hereinafter the “Program”). First proposed by Federal Communication Commission (“FCC”) Chairwoman Jessica Rosenworcel, the Program aims to increase transparency and competition across…
California Privacy Rights Act Enforcement Delayed
By Maria Sokova
In a June 30, 2023 decision by the Superior Court of California, County of Sacramento, the Court issued a ruling delaying agency enforcement of final regulations under the California Privacy Rights Act (CPRA) until March 2024. Calfornia Chamber of Commerce…
FTC Policy Statement on Biometric Information and Section 5 of the FTC Act Frames Agency’s Approach to Deception and Unfairness, Signaling Enforcement Priorities
On May 18, 2023, the Federal Trade Commission issued a Policy Statement on biometric information technologies and the agency’s approach to regulating the use of biometric information under Section 5.
The guidance addresses both unfair and deceptive acts, providing…