Introduction

On June 10, 2021, China officially passed China’s first Data Security Law, which will take effect on September 1, 2021. Following the introduction of the Data Security Law, together with the Cybersecurity Law, which has been implemented since June 1, 2017, and the Personal Information Protection Law, which is undergoing public comment

This post was originally posted on The Global Privacy Watch blog.

In a long awaited decision, the European Commission (“Commission’) adopted two new sets of standard contractual clauses (“SCCs”) to reflect the EU’s General Data Protection Regulation (“EU GDPR”) and ‘the realities faced by modern business’ (see the 

Seyfarth Synopsis:  On May 12, 2021, President Joe Biden issued a very broad, 34 page “Executive Order on Improving the Nation’s Cybersecurity.” The Executive Order, or “EO”, can be found here. This order comes six months after the notorious SolarWinds attack, and mere weeks after other high-profile attacks have invaded our networks

Business executives face the challenge of improving their company’s cybersecurity posture while balancing costs. The consequences of a cyberattack – including lost revenue, customers, diminished reputation and credibility, or even total shut down – force executives to prioritize cybersecurity within their budgets and strategize how to best allocate their limited resources. How should business executives

California has once again decided it needed to pass privacy legislation to protect the residents of the great state from the nefarious actions of Big Tech. However, this time they did it with a ballot initiative and not via the thoughtful (mostly) mechanism of the legislative process. The proponents of the California Privacy Rights Act of 2020 (“CPRA”) touted this as an improvement over the CCPA – but is it really? To listen to the proponents of the CPRA, it aims to strengthen California consumer privacy rights, while for the most part, avoiding the imposition of overly-burdensome requirements on a business, particularly those businesses that are already CCPA compliant. So, what’s changed, really?
Continue Reading California Prop 24 – Is the New Privacy Law Really New (Or Is the Sky Falling)

From court closures and the way judges conduct appearances and trials to the expected wave of lawsuits across a multitude of areas and industries, the COVID-19 outbreak is having a notable impact in the litigation space—and is expected to for quite some time.

To help navigate the litigation landscape, we are kicking off a webinar

Yesterday, California Attorney General Xavier Becerra announced his submission of the Final Regulations under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL).  Under the California Administrative Procedure Act (APA), the OAL has 30 business days plus 60 calendar days (due to a COVID-related executive order) to determine whether the regulations meet the requirements of the APA.  This final submission comes after various public forums, hearings, commentary, and revisions to the regulations.

Back in April, we discussed our expectations for the Final Regulations, which remain largely unchanged from the March 11, 2020 draft.  In that post, we assessed certain elements of the Regulations that seemed to be in flux, such as notice at collection, and of financial incentives, consumer opt-out rights, and the handling of requests to know and delete.

An important note is that the AG has requested an expedited timeline for OAL review in order to make the July 1 date for enforcement applicable.  Specifically, Attorney General Becerra points to his particularly early submission of his rulemaking package in advance of his October deadline. This is in support of his request for the OAL to expedite their review consistent with the standard 30 business day requirement, which would bring the Regulations’ effective date close to in line with the CCPA’s specified July 1, 2020 enforcement date.
Continue Reading California Attorney General Becerra Publishes Final Text of Proposed CCPA Regulations

At the beginning of 2020, a Federal privacy law, similar to that of GDPR or PIPEDA, was a faint and distant reality. However, in light of some mobile device and other monitoring being considered because of the COVID-19 pandemic, US Senators Roger Wicker (R-Miss.), chairman of the Senate Committee on Commerce, Science, and Transportation; John

While the United States largely hit the brakes as of March in the wake of the COVID-19 crisis, California Attorney General Xavier Becerra made clear his intentions to begin enforcement of the Act on July 1, 2020, as originally planned. This announcement came despite many organizations’ pleas to defer enforcement in order to relieve the

In this unprecedented time, businesses are, more than ever, implementing and rapidly rolling out programs for remote or at-home work by employees. The quick changes in local and state governmental “shelter in place” instructions and Public Heath directives have placed significant strains on remote networks and caused local shortages of laptop computers at office supply and electronic stores across the country.

With this unexpected increase in remote workers, many companies are pushing the limits of their existing remote access technology, or deploying ad hoc technology and access solutions as quickly as possible. Some of those companies are not taking the time to consider potential information security, privacy, and other compliance ramifications for those same remote workers.

It is entirely appropriate and necessary for companies to adapt their technology and work networks are utilized to the greatest degree possible to remain in operation and serve business and customer needs. But as always, data security and privacy should always be part of the equation.

Below are some essential things to know about the security risks posed by remote or at-home worker, and a Technical Checklist for Remote employees to make sure your corporate data is safe, and you do not risk compliance challenges with data privacy law and requirements.
Continue Reading Cybersecurity, Data Privacy, and Compliance Issues Related to Remote Workers