Notwithstanding a two-month-long pandemic shutdown, a wave of new legislation has flooded the halls of the California legislature, including four discreet privacy-related bills, each with different objectives and consequences. Upon the closing of the signature period, Gov. Newsom signed only two of the bills into law, vetoing the other two.

Read the full GT Alert,

On August 27, 2020 the Dutch Data Protection Authority (Dutch DPA) announced that it approved the first ‘code of conduct’ in the Netherlands, the Data Pro Code. The Data Pro Code was drafted by NL Digital, the Dutch industry association for organizations in the ICT sector in the Netherlands.

What is a ‘Code of

On Aug. 30, 2020, the California legislature passed Assembly Bill 1281 (AB-1281), which would extend the exemptions for “employee” information and business-to-business (B2B) transactions from its original expiration date of Jan. 1, 2021, to Jan. 1, 2022, if approved by the governor.

Read the full GT Alert, “Extension to CCPA’s Employment and

In a major plot twist over the last few days, Brazil’s new General Data Protection Law (Lei Geral de Proteção de Dados Pessoais) – Law No. 13,709/2018 (LGPD) will take effect in two short weeks, after a last-minute decision not to delay its rollout.

The Background: A Very Brief Overview of the LGPD

The LGPD is similar to the EU’s General Data Protection Regulation (GDPR), applying data protection obligations to companies processing personal data regarding Brazilian residents. Among other requirements, the LGPD requires certain legal bases for processing data and provides Brazilian residents with many enumerated rights over their personal data. For a helpful overview of the LGPD’s provisions, including the individual rights, legal bases for processing, and sanctions as enumerated in the legislation, see GT Alert, 6 Months Until Brazil’s LGPD Takes Effect – Are You Ready?
Continue Reading Brazil’s Data Protection Law Will Be Effective After All, But Enforcement Provisions Delayed Until August 2021

On August 14, 2020, the California Attorney General (AG) announced that the Office of Administrative Law (OAL) approved the California Consumer Privacy Act (CCPA) regulations, which will take effect immediately. The OAL’s approval concludes the expedited review process requested by the AG on June 1. For more information on the review process, see GT’s June

As the way we work, consume, travel, and interact has changed due to Coronavirus Disease 2019 (COVID-19), so too has the way our children learn and play changed. Millions of children (and families) affected by the closures of in-person schools, day cares, athletics, summer camps, and other kids programming now rely on home computers and

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

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

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