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Gretchen A. Ramos is Global Co-Chair of the Data, Privacy & Cybersecurity Practice. Gretchen is a creative problem-solver that various large tech clients rely on to handle their most challenging data protection issues. Clients appreciate not only her legal skills, but also her direct, no-nonsense approach in providing advice. She works closely with her clients to manage data and leverage its value in ways to meet compliance obligations, as well as deliver value to the business and instill consumer trust.

In a potentially significant development for companies subject to the California Consumer Privacy Act, as amended (CCPA), on Feb. 9, California’s Third District Court of Appeal overturned a Superior Court decision issued in June 2023 that had stayed the enforcement of new CCPA regulations finalized by the California Privacy Protection Agency (CPPA), first-in-the-nation privacy regulator

  1. Cybersecurity Rules by the SEC and the EU – Both the Security and Exchange Commission’s public company cybersecurity disclosure and breach notification rules as well as the implementation of the EU NIS 2 Directive will drive increased focus from management and the board on cybersecurity risks, preventive measures, and incident response. Expect to see another

On July 10, 2023, the European Commission (EC) adopted its long-awaited adequacy decision for the United States, resulting in the new EU-U.S. Data Privacy Framework (DPF or Framework). For more information, see our European Commission Adopts EU-U.S. Adequacy Decision blog post.

Qualified Adequacy Decision for the United States. Typically, EC

Following on the heels of a California Superior Court’s last minute ruling that stayed enforcement of the revised California Consumer Privacy Act (CCPA) regulations, as previously discussed on this blog, California’s data privacy regulators have responded in ways that confirm they are more committed than ever to holding businesses accountable for alleged violations

On July 10, 2023, the European Commission adopted its long-awaited adequacy decision on the EU-U.S. Data Privacy Framework (the “Framework”) thereby concluding that the United States ensures an adequate level of protection for personal data that are transferred from the European Union to companies in the U.S. that participate in the Framework.

The

On June 30, 2023, the Superior Court for the County of Sacramento issued a minute order enjoining the California Privacy Protection Agency (CPPA or Agency) from enforcing updates to the existing CCPA regulations until March 29, 2024, twelve months after they were finalized.  However, the Agency’s enforcement of the CCPA,  as now amended by the California

Three months prior to the enforcement date of the California Consumer Privacy Act (CCPA), as amended, the California Office of Administrative Law approved the updated CCPA Regulations (final rulemaking documents will be posted here after processing). These updates take into account the CCPA’s expanded scope following its amendment by the California Privacy Rights

On Jan. 27, 2023, the California Attorney General announced his office is investigating and sending letters to businesses in the retail, travel, and food industries with popular mobile apps that allegedly are not in compliance with the California Consumer Privacy Act (CCPA) by failing to offer a consumer opt-out mechanism for sales, or honor rights

  1. An Increase in Extortion-Only Cyber Attacks – While ransomware attacks have been on the rise since 2020, a recent trend has emerged where threat actors are bypassing ransomware malware and encryption tactics and going straight to data theft. If a victim company does not pay the extortion demand, the threat actors engage in increasingly aggressive

After an extended sunset period, time to replace the “old” SCCs runs out on Dec. 27, 2022. After that date, the old SCCs will no longer legalize data transfers to countries outside the European Economic Area (EEA). To avoid compliance risks associated with illegal transfers of personal data, any old SCCs should be updated to