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ON-DEMAND INSIGHTS

Understanding the Privacy Right to Be Forgotten

Understanding the Privacy Right to Be Forgotten

November 7, 2022 at 3:37 PM - Data Privacy,

Since 2018, the General Data Protection Regulation (GDPR) has wielded a significant impact on privacy practices across the globe. Aside from offering strong protection for the personal data of European Union citizens, GDPR has effected many changes in the way companies conduct business when EU data is part of the equation. Likewise, it has become the gold standard and a model for privacy legislation in many jurisdictions within the United States, as well as around the world.

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8 Things for Customers to Look for in a DPA (Data Protection Addendum or Agreement)

8 Things for Customers to Look for in a DPA (Data Protection Addendum or Agreement)

July 27, 2022 at 2:08 PM - Data Privacy,

DPAs (Data Protection Agreements or Exhibits (Addenda)) are common in commercial arrangements involving access to the personal data of end users. When you are the customer in such a transaction and your end users’ data will be accessed by a vendor, it is important that you fully understand the scope of the protections being afforded this data under the DPA, especially when the DPA is drafted by the vendor.

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Connecticut Adopts Privacy Law

Connecticut Adopts Privacy Law

June 1, 2022 at 12:26 PM - personal data,

Many states are grappling with privacy issues and considering data privacy legislation due to the absence of a comprehensive federal data protection law. This effort is being fueled, in large part, by consumers pushing for data privacy protection in the face of businesses’ expanded use and sale of personal data. With the recent passage of a privacy law in Connecticut, 5 states (California, Colorado, Connecticut, Utah and Virginia) now have state privacy laws. At least 13 states and the District of Columbia are currently considering privacy legislation, and another 15 states considered, but did not pass, privacy legislation in the last year.

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California’s Evolving Privacy Law Landscape

California’s Evolving Privacy Law Landscape

December 28, 2020 at 2:44 PM - compliance,

Just as the ink had dried on what we thought was the CA Attorney General’s final set of regulations for the California Consumer Privacy Act (CCPA), a new, fourth draft set was submitted earlier this month, building upon the third draft set issued in October. Both sets of regs have yet to be finalized.

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The Privacy Shield is Dead: Now What?

The Privacy Shield is Dead: Now What?

July 17, 2020 at 1:14 PM - Privacy,

After years of uncertainty, the fate of the EU-U.S. Privacy Shield (“Shield”) has finally been determined. On July 16th, the EU’s highest court, the Court of Justice of the European Union (CJEU), declared the Shield to be invalid as a lawful mechanism for transferring the personal data of EU residents to the U.S.

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Understanding the CCPA: Key Provisions and Readiness Checklist

Understanding the CCPA: Key Provisions and Readiness Checklist

November 4, 2019 at 8:15 AM - compliance,

A first of its kind in the U.S., the California Consumer Privacy Act of 2018 (CCPA) is shaping up to be one of the most ambitious privacy legislations in the world; and with 17 additional states so far following its lead, data privacy protection is finally having its day in the United States. Effective January 1, 2020, the CCPA will become enforceable as early as next spring. More specifically, the Act will be enforced on the earlier of either July 1, 2020 or 6 months from the date of issuance of the final regulations, following the California Attorney General’s enforcement guidelines (expected mid-September).

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New York's SHIELD Act Bolsters Data Security

New York's SHIELD Act Bolsters Data Security

September 5, 2019 at 11:26 AM - personal data,

It didn’t take long for other states to follow California’s lead in pursuing rigorous data privacy protections for their residents. Although New York was unsuccessful in passing its own version of the California Consumer Protection Act (CCPA) this year, legislation expanding data breach notification protocols was signed into law by Governor Andrew Cuomo on July 25, 2019¹. The SHIELD Act (the Stop Hacks and Improve Electronic Data Security Act) signals a growing trend in the U.S. toward strengthening data privacy protections in the wake of high-profile data breaches through the adoption of more comprehensive and enforceable regulations.

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Reading the Tea Leaves: What Do GDPR Enforcement Efforts Tell Us?

Reading the Tea Leaves: What Do GDPR Enforcement Efforts Tell Us?

May 10, 2019 at 3:47 PM - compliance,

Despite the global angst preceding the GDRP’s effective date, there’s been seemingly little news about enforcement efforts against noncompliant businesses. But, the reality is that EU regulators have been very busy working behind the scenes. As of February, 2019, nearly 100,000 claims under the GDPR have been lodged with EU national data protection authorities (“DPAs”), many relating to telemarketing and promotional e-mails. Similarly, just over 40,000 data breaches were reported to the DPAs; and 255 investigations into EU cross-border processing activities were initiated, mostly as a result of complaints filed by individuals.

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This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.