The European Data Protection Board (EDPB) has recently (re)positioned itself on several controversial topics and published three new guidelines and opinions. Although not legally binding, they do have a significant influence on proceedings before the supervisory authorities and courts. This GT Alert discusses the EDPB’s new guidelines and their implications for companies dealing with personal
GT Alert
FAR ‘Controlled Unclassified Information’ Rule Clears Regulatory Review After 14 Years: What This Means For Federal Contractors
On Oct. 21, 2024, the OMB Office of Information and Regulatory Affairs (OIRA) concluded its regulatory review of the long-awaited Federal Acquisition Regulation Controlled Unclassified Information Rule (FAR CUI Rule), clearing the proposed rule’s path for publication in the Federal Register in 2024.
The FAR CUI Rule is being issued pursuant to Executive Order 13556…
DoD Publishes Final CMMC Program Rule
On Oct. 14, 2024, the Department of Defense (DoD) published the final rule that would implement the Cybersecurity Maturity Model Certification 2.0 (CMMC) Program under 32 CFR Part 170 (Final Rule) to the Federal Register. The Final Rule comes less than 10 months after DoD published the proposed rule, which yielded approximately 361 submissions…
CMMC Rulemaking Approaches Comment Deadline
On Aug. 15, 2024, the Department of Defense (DoD) published a proposed rule that would implement contract clauses under 48 CFR related to the Cybersecurity Maturity Model Certification (CMMC) Program (Proposed Rule). DoD previously published a related proposed rule that would implement the CMMC 2.0 Program under 32 CFR 170 and provided the relevant security…
BIPA Update: Illinois Limits Liability and Clarifies Electronic Consent for Biometric Data Collection
On Aug. 2, 2024, Illinois Gov. J.B. Pritzker signed SB 2979 into law, amending BIPA in two ways: significantly limiting potential damages and updating the Act’s definition of “written release” to include an “electronic signature.”
Continue reading the full GT Alert.
SEC Adopts Cybersecurity Amendments to Regulation S-P
On May 16, 2024, the U.S. Securities and Exchange Commission finalized amendments to Regulation S-P (the Amendments) that largely adopt the proposed amendments the SEC issued in 2023. As discussed in further detail below, the Amendments will require broker-dealers, investment companies, SEC-registered investment advisers, funding portals, and transfer agents registered with the SEC or other…
EEOC Secures First Workplace Artificial Intelligence Settlement
On Aug. 9, 2023, a tutoring company agreed to pay $365,000 to settle an artificial intelligence (AI) lawsuit with the Equal Employment Opportunity Commission (EEOC). The settlement comes on the heels of multiple EEOC warnings to employers about potential discrimination associated with the use of AI for hiring and workplace decisions.
FTC Proposes Changes to Health Breach Notification Rule
On May 18, 2023, the Federal Trade Commission (FTC) issued a proposed rule that would expand the existing Health Breach Notification Rule (HBNR) to cover health applications (apps) and other similar technologies. Given the rapid evolution of the health technology industry since the HBNR was issued in 2009, the FTC has expressed concern that the…
Updated CCPA Regulations Approved
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…
Deadline: ‘Old’ Standard Contractual Clauses (SCCs) Expire Dec. 27, 2022
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…