On Oct. 27 at 12:30 p.m. EST, Greenberg Traurig Of Counsel Darren Abernethy will be a panelist on a complimentary webinar hosted by the American Chamber of Commerce in Luxembourg (AMCHAM) and Luxembourg American Chamber of Commerce in New York (LACC): “After Schrems II, can I still transfer personal data outside of the European
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
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)’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. After several EU data protection authorities (DPAs) published their reactions, the European Data Protection Board (EDPB), an association comprising, inter alia, national DPAs of all EU Member States, presented its guidance in form of an FAQ.
At the time of its publication, the guidance comprises 12 FAQs. It will be updated with further analysis. While the EDPB notes that supplementary measures may be necessary when using standard contractual clauses (SCCs), it fails to specify what that means but promises to provide more guidance in the future. Summarized below are the key takeaways from the EDPB’s guidance. …
Continue Reading EDPB Issues Data Transfer FAQs in the Post Privacy Shield Area
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…
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…
2020 heralds a proliferation of data privacy laws as countries and states follow on from GDPR and CCPA and rush to put privacy on the statute books.
It’s hard to keep track. Now with the added uncertainty of a global pandemic, this has privacy teams shifting focus. In this webinar we’ll
review the global data…
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
Despite being in effect since Jan. 1, 2020, the California Consumer Privacy Act (CCPA) continues to generate confusion for employers of California residents. Much attention has been given to the CCPA’s effect on a business’ obligations in collecting, using, and sharing California customers’ data. However, given the CCPA’s broad “consumer” definition includes “employees,” it also imposes duties on any in-scope business that manages California employees’ data. Notably, under the CCPA, “employees” include job applicants. The CCPA thus applies to both California customers and employees/job applicants of any “business,” which is defined as a for-profit organization doing business in California that controls how personal information is processed and: (i) has gross annual revenue exceeding $25 million; (ii) buys, receives, sells, or shares personal information of 50,000 or more California consumers, households, or devices; or (iii) derives 50% or more of its annual revenue from selling personal information of California residents. Civ. Code § 1798.140(c)(1). Importantly, for the CCPA to apply, businesses do not have to be physically in California. Thus, for example, a business that does not have any facilities in California, but employs remote workers in California, could be subject to the CCPA if it meets the CCPA’s “business” definition.
Continue Reading Employers: Stop, Drop, and Ensure CCPA Compliance as to Employees Residing in California
On February 7, 2020, the California Attorney General’s Office (OAG) issued proposed changes to the California Consumer Privacy Act Regulations (Modified Regulations), which were originally issued on October 11, 2019. Organizations have until February 24 to submit written comments on the proposed changes to the regulations implementing the CCPA.
Some of the major…