On July 25, New York Governor Andrew Cuomo signed into law a pair of bills establishing new requirements for businesses that process certain personal information related to New York residents. The changes include expanding the scope of information covered by New York’s data breach notification law; defining breaches to include incidents involving unauthorized access to covered information, even where the … Continue Reading
“For years, the plaintiffs’ bar has conjured multibillion-dollar class action lawsuits out of largely intangible privacy harms. This wave of litigation is increasingly driven by federal and state statutes that include private rights of action and allow for excessive statutory damages. Given the willingness of some courts to let cases proceed despite a lack of allegations or evidence of concrete … Continue Reading
Join us on Thursday 19 September for our Privacy and Cybersecurity KnowledgeShare in London. We’ll share our latest thinking on the key privacy and cybersecurity issues faced by those with data protection responsibilities within organisations. Our all-day event will cover a lot of ground through incisive quick-fire presentations, Q&A panels and hands-on workshops.
Topics will include:
- Nailing the basics –
We have extensively covered the California Consumer Privacy Act, the first U.S. law comprehensively regulating the collection, use, and disclosure of general consumers’ personal information in the U.S. This important legislation poses significant compliance challenges for organizations that engage with residents of California, the world’s fifth largest economy.
On May 28, 2019, the Cyberspace Administration of China released the draft Measures on the Administration of Data Security (“Data Security Measures“, see our in-house English translation here) for public consultation.
These Data Security Measures will be a great leap forward in China’s current data protection landscape, which mainly consists of scattered provisions contained in various pieces … Continue Reading
Please join us for our June events.
Paul Otto and Tim Tobin are presenting at the Hogan Lovells Munich office’s privacy breakfast, “EU General Data Protection Regulation,” on privacy topics such as the California Consumer Privacy Act (CCPA), cybersecurity and data breaches, and sector-specific issues found in the life sciences and health care, automotive, and financial … Continue Reading
On May 1, 2019, the National institute of Standards and Technology (NIST) announced a Request for Information (RFI) in the Federal Register regarding ongoing efforts to develop technical standards for artificial intelligence (AI) technologies and the identification of priority areas for federal involvement in AI standards-related activities. Responses to the RFI are due by May 31, 2019.
The RFI … Continue Reading
On 19 March 2019, the Dutch Senate approved legislation introducing collective damages actions in the Netherlands (the “Legislation”) which will broaden the regime even further. The Legislation introduces an option to claim monetary damages in a “US style” class action, including for violations of the GDPR. This Legislation together with the mechanisms already available under Dutch law put the Netherlands … Continue Reading
The European Data Protection Board (EDPB) has adopted the narrowest possible interpretation of ‘contractual necessity’ as a ground for processing of personal data. The Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects (adopted on April 9, 2019 and open for consultation until May 24, … Continue Reading
As we head towards 2020, it’s time once again for the decennial U.S. national Census – one of the broadest data collections that the United States federal government undertakes to learn more about its citizens, recalibrate Congressional districts, allocate public funding, and deliver critical public services. But the government’s ability to conduct the upcoming Census is under threat from an … Continue Reading
2018 was a momentous year for data protection and cyber security regulation globally – the implementation of the European Union’s General Data Protection Regulation (GDPR) was, of course, the main event. The shockwaves of GDPR hit APAC with full force, coupled with the … Continue Reading
In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content. The French court also ruled that hosting providers are not data controllers per se and, as such, are not subject to obligations under the Data Protection Act.
In this … Continue Reading
The President of the Personal Data Protection Office in Poland (Polish DPA) imposed a fine amounting to PLN 943,470 (approximately EUR 220,000; approximately USD 245,977) for failing to fulfil the company’s transparency obligations towards over six million data subjects under Article 14 of Europe’s General Data Protection Regulation (GDPR).
This is the first fine imposed by the Polish DPA under … Continue Reading
Please join us for our April events.
April 2 Trust in data, no longer a luxury?
Nicola Fulford and James Denvil will speak at the workshop,” Trust in data, no longer a luxury – Privacy, security, and consumer trust for 21st century,” at the Luxury Law London Summit. They will discuss some of the challenges of succeeding in a data-driven … Continue Reading
It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving cookies. The European Data Protection Board recently released an opinion on this topic (as we discuss here), and on 21 March the … Continue Reading
New proposals to protect consumer privacy in the U.S. seem to be appearing every day. There are now more than 90 privacy proposals that federal, state, and local regulators and policymakers are considering as privacy continues to dominate the news cycle. Hogan Lovells partners Mark Brennan and Nicola Fulford led a panel of industry stakeholders at the INCOMPAS Policy Summit … Continue Reading
The Consumer industry is evolving at lightning speed, and the way consumer companies operate is shifting. From issues in supply chain to the digitalization of the consumer experience, companies are rapidly changing to keep up with consumer demands. Last year businesses in the consumer industry saw a wave of unprecedented disruption and transformation, and 2019 promises challenges of similar or … Continue Reading
On 9 March 2019, the House of Lords Select Committee on Communications published its report on “Regulating in a digital World”. It included a number of recommendations to the government, including 10 guiding principles for the development of regulation online, a new public interest test for data driven mergers and a new Digital Authority, to oversee regulation of the digital … Continue Reading
On 12 March 2019 at its Eighth Plenary Session, the European Data Protection Board (“EDPB”) adopted its Opinion 5/2019 on the interplay between the ePrivacy Directive (“ePD”) and the General Data Protection Regulation (“GDPR”). The Belgian Data Protection Authority had, on 3 December 2018, requested that the EDPB examine the overlap between the two laws and in particular the … Continue Reading
On 14 March 2019, the Dutch data protection authority (Autoriteit Persoonsgegevens, DPA) announced (in Dutch) its fining structure for violations of the European General Data Protection Regulation (GDPR) and the Dutch law implementing the GDPR (Implementation Act).
The GDPR sets two levels of administrative fines that may apply depending on which GDPR provisions have been infringed: The higher of €10 … Continue Reading
On 7 March 2019, the Dutch Data Protection Authority published guidance (in Dutch) that it considers “cookie walls” to violate the GDPR. A cookie wall is a pop-up on a website that blocks a user from access to the website until he or she consents to the placing of tracking cookies or similar technologies.
Under current Dutch cookie law, functional … Continue Reading
The European Telecommunications Standards Institute (ETSI) has published a new standard for cybersecurity in relation to consumer IoT products. The standard builds on the UK’s Code of Practice for Consumer IoT Security, published in October last year. The Code of Practice was developed by the UK Government following publication of a draft code as part of the Secure by … Continue Reading
Many companies have been struggling with GDPR implementation over the past two years, putting much effort into new roles, privacy concepts, and workflows. Now that the dust of the immediate GDPR compliance rush is settling, the first details of fines imposed under the GDPR and the number of cases pending with Data Protection Authorities (DPAs) in Europe are being made … Continue Reading
Article 83 of the GDPR provides for two levels of administrative fines: a lower level – maximum of €10 million or 2% of the global turnover – for violations relating to record-keeping, data security, data protection impact assessments, data protection by design and default, and data processing agreements; and a higher level – maximum of €20 million or 4% of … Continue Reading