Data Privacy & Cybersecurity

Companies are allowed to transfer personal data outside the European Economic Area (EEA) if they are (1) transferring data to an entity that is within a country that has been recognized by the European Commission as ensuring an adequate level of protection or (2) they have put in place a European Commission-approved mechanism (a “safeguard”)

No.

The GDPR requires that when a “controller or processor … transfer[s] … data to a third country” that is not considered to have data protection laws analogous to those within the European Union, it utilizes an adequacy measures.[1] In situations where an individual within the European Union is initiating the transfer to a

Profiling is defined in several statutes as any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.[1] Profiling activities can loosely be grouped into the following three categories or buckets with the

The terms “deidentified” and “deidentification” are commonly used in modern privacy statutes and are functionally exempt from most privacy- and security-related requirements. As indicated in the chart below, differences exist between how the term was defined in the California Consumer Privacy Act (CCPA) and how it was defined in later state privacy statutes set to

While the CCPA went into effect on Jan. 1, 2020, it did not become fully enforceable until July 1, 2020. When we passed the one-year anniversary of the CCPA becoming law, it provided an opportunity to assess the impact of the CCPA on privacy programs and to begin to benchmark against emerging industry standards. To

The Article 29 Working Party took the position that for an action to constitute profiling three elements must be met:

  1. An activity must involve “an automated form of processing;”
  2. An activity must be “carried out on personal data;”
  3. The objective of the activity must be “to evaluate personal aspects about a natural person.”1

The Virginia Consumer Data Protection Act, which is scheduled to go into effect in 2023, states that a consumer has the right to “opt out of the processing of the personal data for purposes of [] targeted advertising . . . .”1 Unlike other state statutes, such as the CPRA, the Virginia Consumer Data

Hosted by the University of Colorado Law School, U.S. Data, Privacy, and Cybersecurity Practice Co-Chair David Zetoony will present on his new book, “The Desk Reference Companion to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).” This reference guide collects over 500 of the most common questions concerning

The Colorado Privacy Act, which is scheduled to go into effect in 2023, states that a consumer “has the right to opt out of the processing of personal data” for the purposes of “targeted advertising.”1 Unlike other state statutes, such as the CPRA, the Colorado Privacy Act does not contain an exemption for situations

The CCPA Regulations require that businesses that buy, receive, sell, or share personal information about more than 10 million Californians disclose metrics within their privacy notices regarding the speed with which they respond to the data subject requests that they received in the previous calendar year. Among other things, businesses must report the average or