Data Privacy Dish

Updates on the Evolving Data Protection Landscape

Today, the California Office of the Attorney General (OAG) released a second set of modifications to its proposed California Consumer Privacy Act (CCPA) Regulations. The proposed regulations were first published and noticed for public comment on October 11, 2019. On February 10, 2020, the OAG released modifications to the proposed regulations based on the earlier comments it received. The current, second set of modifications to the proposed regulations are in response to the comments the…
Despite being in effect since Jan. 1, 2020, the California Consumer Privacy Act (CCPA) continues to generate confusion for employers of California residents. Much attention has been given to the CCPA’s effect on a business’ obligations in collecting, using, and sharing California customers’ data. However, given the CCPA’s broad “consumer” definition includes “employees,” it also imposes duties on any in-scope business that manages California employees’ data. Notably, under the CCPA, “employees” include job applicants. The CCPA thus applies…
In August 2018, Brazil took a significant step by passing comprehensive data protection legislation: the General Data Protection Law (Lei Geral de Proteção de Dados Pessoais – Law No. 13,709/2018, as amended) (LGPD). The substantive part of the legislation takes effect August 16, 2020, leaving fewer than six short months for companies to prepare. While the LGPD is similar to the EU’s General Data Protection Regulation (GDPR) in many respects, there are key differences…
With the backdrop of an apricot-coral sunset from high above San Francisco Bay, Greenberg Traurig was pleased to welcome leaders from the United Kingdom’s Information Commissioner’s Office (ICO), as part of an IAPP S.F. Bay Area Knowledgenet held at the law firm on February 11. The U.K.’s Information Commissioner, Elizabeth Denham, and ICO Executive Director, Simon McDougall, along with a coterie of their data protection authority senior colleagues, were visiting as part of a fact-finding…
On February 7, 2020, the California Attorney General’s Office (OAG) issued proposed changes to the California Consumer Privacy Act Regulations (Modified Regulations), which were originally issued on October 11, 2019. Organizations have until February 24 to submit written comments on the proposed changes to the regulations implementing the CCPA. Key Changes Some of the major changes in the Modified Regulations include: Accessibility Standard. For notices and privacy policies provided online, businesses must follow generally recognized…
Today, the California Office of the Attorney General (OAG) released much-anticipated revisions to its proposed implementing regulations to the California Consumer Privacy Act (CCPA). The following were issued by the OAG on its website: A notice of modifications to the text of the proposed regulations; A redlined version of the revised regulations, showing the differences from the initially proposed rules; A clean version of the revised regulations; and A listing of additional technical, theoretical,…
YouTube Content Creators Must Act As of January 6, 2020, YouTube creators must designate their videos (both new as well as all videos previously posted) as either made for kids or adults. The new requirement has left esport, gaming, musician, vlog, and many other creators scrambling to correctly categorize their videos; otherwise, they face a risk of fines from the U.S. Federal Trade Commission (FTC). The decision is a serious, albeit confusing one for many…
Although the California Consumer Privacy Act (CCPA) has only been in effect for a matter of weeks – and its proposed regulations are not yet finalized – it could be overhauled by a new privacy law later this year. Last fall, the group that first formulated the CCPA as a ballot initiative in 2018, Californians for Consumer Privacy, led by real estate developer-turned-privacy activist Alastair Mactaggart, timely submitted a ballot measure and subsequent amendments, now titled…
In the wake of the California Consumer Privacy Act of 2018 (CCPA) and an updated Nevada privacy law that took effect in October 2019, states are wasting no time in 2020 introducing new privacy laws of their own. Joining the chorus of Virginia and Florida, this month state lawmakers in New Hampshire, Washington state, and Illinois released their respective takes on what residents’ bolstered privacy rights and businesses’ corresponding obligations should look…