The Court of Justice of the European Union (CJEU)’s historic decision in Schrems II, in which the EU-U.S. Privacy Shield was invalidated, requires businesses to rethink the mechanism they can rely on to transfer personal data from the EU to the United States and other countries. However, how the decision will be enforced remains

Kate Black of Greenberg Traurig LLP led the development of genetic testing company 23andMe’s law enforcement protocol and program and continues to advise companies with innovative technologies about how to use data appropriately with consumers’ privacy in mind, earning her a spot among cybersecurity and privacy attorneys under age 40 honored as Law360 Rising Stars

The Court of Justice of the European Union (CJEU) declares invalid a decision of the European Commission which attested that the EU-U.S. Privacy Shield provided adequate protection to personal data transferred from the EU to the U.S., if the receiving party had self-certified its adherence to the Privacy Shield Principles. At the same time, the

It has been a busy time for the California Consumer Privacy Act (CCPA)—enforcement begins July 1st, final implementing regulations have been submitted for approval, and qualifying signatures for a wide-ranging “CCPA v2.0” ballot initiative are in the process of being counted.

Yet the effect of the CCPA on digital advertising, mobile applications and websites remains

On June 24, the California Secretary of State announced that the California Privacy Rights Act (CPRA) has qualified as a statewide ballot initiative to be listed on this November’s General Election ballot.

The announcement follows official confirmation that the nonprofit group behind the ballot initiative, Californians for Consumer Privacy, obtained in excess of the 623,212

Following much anticipation, the Office of the California Attorney General (OAG) moved one step closer to the California Consumer Privacy Act (CCPA)’s wide-ranging implementing regulations becoming enforceable by law by filing the final CCPA Regulations with the California Office of Administrative Law (OAL) on June 1.

The CCPA grants the OAG the authority to begin

EDPB says that cookie walls require a tracking-free alternative (not necessarily free of charge) and the German Federal Supreme Court rules against opt-out consent for tracking cookies under German law

Introduction

In 2019, various EU member states issued guidance as to whether opt-in consent is necessary for non-essential cookies, with some guidance suggesting opt-in

Regulators’ enforcement priorities evolve alongside technological changes and in response to consumer-impacting activities that are emphasized in news headlines. This trend can be seen in the SEC’s relatively recent focus on monitoring and bringing formal actions against opportunistic stock trading by corporate insiders who have knowledge of enterprise security incidents and data breaches.

As the SEC described in its 2018 guidance intended to assist public companies in preparing disclosures about cybersecurity risks and incidents: “Companies and their directors, officers, and other corporate insiders should be mindful of complying with the laws related to insider trading in connection with information about cybersecurity risks and incidents, including vulnerabilities and breaches.”

What follows is an overview of an article published in Cybersecurity Law Report (subscription paywall) last week by Greenberg Traurig’s Darren Abernethy regarding the interplay between corporate insider trading and cybersecurity incidents, including some possible planning steps for businesses to consider with legal counsel.
Continue Reading Insider Trading in the Data Breach Context: Proactive Corporate Planning and Regulatory Enforcement