Earlier this month, two courts, one in California and one in Massachusetts under two different scenarios, opined on the enforceability of browsewrap and hybridwrap agreements, providing important warnings for companies relying on such agreements to obtain legally required consent for
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.
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The CDA and DMCA – Recent Developments and How they Work Together to Regulate Online Services
By Jacob Canter
Key Takeaways
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BIPA Claims Uniformly Have a 5-Year Statute of Limitations
Key Takeaways
On February 2, 2023, the Illinois Supreme Court ruled that all Biometric Information Privacy Act (“BIPA”) claims are uniformly subject to a five-year statute of limitations,…
Cyber and Physical Attacks on the Electric Grid Should Prompt New Year’s Resolutions for the Energy Industry
This has not been a joyful winter for energy industry executives. They have repeatedly awoken to alerts that substations in the Northwest and Southeast have been physically attacked and that a major engineering firm was the subject of a ransomware…
EU-U.S. Data Privacy Framework – Draft Adequacy Decision by the European Commission: The Long-Awaited Replacement of the Privacy Shield?
The European Commission launched the formal process to adopt an adequacy decision for the EU-U.S. Data Privacy Framework on December 13, 2022. The framework will replace the Privacy Shield, which was invalidated by the Court of Justice of the European…
The European Parliament Calls for a Long-Term European Video Game and Esports Strategy
On November 10, 2022 the European Parliament adopted a resolution on esports and video games. In this resolution the European Parliament calls on the Commission and the Council to acknowledge the value of the video game ecosystem as a…
Processing of Personal Data That May Indirectly Reveal Sensitive Information on the Basis of a Legal Obligation: The CJEU Draws the Contours
In a judgment of August 1, 2022, the Court of Justice of the European Union (CJEU) provided further guidance on two important aspects of the General Data Protection Regulation (GDPR) (CJEU C-184/20). In summary, the CJEU held that,…
DOJ Guidance on Disclosure of Employee Personal Device Messaging Has Significant Implications for Corporate Retention and Compliance Practices
The DOJ has long expressed concern about the impact of personal messaging – in particular of encrypted and ephemeral message apps – on its ability to effectively conduct investigations (and rely on the results of company investigations). Close on the…
President Biden Signs Executive Order Implementing EU-U.S. Data Privacy Framework to Facilitate Cross-Border Data Transfers – Privacy Shield 2.0?
On October 7, 2022, President Biden signed an executive order implementing the EU-U.S. Data Privacy Framework. Announced in March, this framework replaces the Privacy Shield program that the EU Court of Justice invalidated in July 2020 with its Schrems II…
The EU Data Strategy: Part 4 – New Intermediaries to Facilitate DataSharing
This is Part 4 in a series of blog posts on recent developments in the EU’s data strategy, which aims to establish EU leadership in our data-driven society by creating a single market for data and encouraging data sharing. The series…