USA
Is the U.S. executive order the solution to data transfer?
The President of the United States has adopted the executive order to create the EU-US Data Privacy Framework, but is this the solution to the transfer of personal data out of the EEA? The big news is that President Biden signed the executive order from which the European Commission’s adequacy…
Read More »First reaction: Executive Order on US Surveillance unlikely to satisfy EU law
More than six months after an “agreement in principle” between the EU and the US, US President Joe Biden has signed the long-awaited Executive Order that is meant to respect the European Court of Justice’s (CJEU) past judgments. This is meant to overcome limitations in EU-US data transfers. The CJEU…
Read More »The EU-US Data Privacy Framework: A new era for data transfers?
The newly released White House executive order implementing the long-awaited EU-U.S. Data Privacy Framework clears a path for trans-Atlantic business and diplomacy alike. Since the Court of Justice of the EU’s “Schrems II” decision invalidated Privacy Shield more than two years ago, personal data flows from the EU to the U.S. have…
Read More »CCPA enforcement action: A case study at the intersection of privacy and marketing
Beauty retailer Sephora was fined $1.2 million by California Attorney General Rob Bonta and is the first-ever California Consumer Privacy Act enforcement action. At the heart of the matter is Sephora allegedly misrepresenting its actions to California consumers (saying that it did not sell consumer personal information despite the fact…
Read More »You’re Not Ready for CPRA If Your Vendors Aren’t
Say you dutifully got your organization in good compliance with the GDPR, and then did the same for CCPA, and perhaps even for the state laws that followed from Virginia, Nevada, Colorado, Connecticut, and Utah. Great. But none of that prepared you for the new demands of the CCPA replacement: CPRA.…
Read More »The Sephora case: Do not sell – But are you selling?
Businesses barely had time to recover from a hectic privacy summer, with U.S. privacy legislation making progress on the Hill and the U.S. Federal Trade Commission’s launch of a sweeping rulemaking initiative, when California Attorney General Rob Bonta dropped a bombshell: The first enforcement settlement under the California Consumer Privacy Act. Pursuant…
Read More »NOYB open letter on the new EU – US data deal
Max Schrems, through his organisation, ‘My Privacy is None of your Business’ (“noyb.eu”) has issued an open letter to U.S. and EU officials about the announcement of an ‘agreement in principle’ for a new Trans-Atlantic Data Privacy Framework (“letter”). The letter coincides with a visit to Washington, D.C. by a delegation of several members of the…
Read More »Twitter to pay $150 million penalty for allegedly breaking its privacy promises – again
It’s FTC 101. Companies can’t tell consumers they will use their personal information for one purpose and then use it for another. But according to the FTC, that’s the kind of digital bait-and-switch Twitter pulled on unsuspecting consumers. Twitter asked users for personal information for the express purpose of securing their…
Read More »The urgent necessity of enacting a national privacy law
The following is adapted from remarks delivered by Kent Walker, President of Global Affairs, at Beyond the Basics: The Many Pillars of U.S. Privacy Law, an event hosted by R Street Institute at The National Press Club in Washington, DC. Google also published an accompanying white paper on Responsible Data Practices. Information is…
Read More »The West’s plan to keep global data flows alive
U.S. President Joe Biden and European Commission President Ursula von der Leyen just secured a political agreement to keep data flowing between the European Union and the United States. But with EU and U.S. negotiators still hammering out details on the new transatlantic data pact — and legal challenges expected once the…
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