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Category Archives: Data Protection & Privacy

Posted in Data Protection & Privacy, Policy & Regulation Timothy TobinHarriet PearsonMark BrennanBret Cohen

California DoJ Sets March 8 Deadline for CCPA Pre-Rulemaking Comments

The California Department of Justice has announced a March 8, 2019 deadline for submitting written pre-rulemaking comments on the California Consumer Privacy Act (CCPA). The March 8 deadline is an extension from the previously set end-of-February deadline.

Pursuant to section 1798.185(a) of the CCPA, the California Attorney General (AG) is obligated to solicit broad public participation and adopt regulations to … Continue Reading

Posted in Data Protection & Privacy Jakub BaczukEwa Kacperek

Poland: credit scoring in danger?

A draft act on adjusting the Polish legal system to the provisions of the GDPR is under way in the lower house of the Polish Parliament (Sejm).

The draft act contains, among others, provisions amending the rules for processing personal data by banks, credit institutions, loan companies and other entities regulated by Polish banking law.

Particular controversy has … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation, Technology Winston MaxwellJohn Salmon

EU: Are blockchain and data protection incompatible?

Since publishing the original version of our guide to blockchain and data protection in September 2017, there has been considerable further commentary from academics, politicians and practitioners, some of which suggested that there is inherent incompatibility of blockchain systems with EU data protection law.

This updated version of our guide puts forward our views on this question, offering a more … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Licensing, Policy & Regulation, Technology Winston MaxwellMark BrennanArpan Sura

Hogan Lovells publishes Demystifying the U.S. CLOUD Act

Hogan Lovells has published Demystifying the U.S. CLOUD Act, a detailed analysis of the impact of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act) on non-U.S. businesses and individuals who use cloud storage solutions.

Demystifying the U.S. CLOUD Act was written by Hogan Lovells partners Winston Maxwell and Mark Brennan, and senior associate Arpan Sura.

The report … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, Drones, Internet, Policy & Regulation, Technology Mark Parsons

Privacy, Cybersecurity, and the Internet of Things in Asia: What to Expect in 2019

Increasing numbers of initiatives, devices, and solutions related to the Internet of Things (IoT) are substantially impacting the development of cybersecurity and data privacy regulations throughout Asia. After the implementation of the General Data Protection Regulation (GDPR) in Europe, for example, Asian lawmakers are considering strengthening their own data protection laws. The region is also characterized by a push in … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation

Are You Ready for Brazil’s New Data Protection Law?

The Brazilian General Data Protection Law (“Lei Geral de Proteção de Dados” or “LGPD”), passed by Congress on 14 August 2018, will come into effect on 15 February 2020. The new data protection law significantly improves Brazil’s existing legal framework by regulating the use of personal data by the public and private sectors. Very similar to the General Data Protection … Continue Reading

Posted in Data Protection & Privacy, Drones, Internet, Policy & Regulation, Spectrum, Technology Michele FarquharTimothy TobinMark Parsons

The Internet of Things Webinar Series: 2018 in a nutshell and what 2019 has in store for IoT

On 18th December we hosted the final instalment in our Internet of Things Webinar series for 2018 (more to come in 2019!). Michele Farquhar, Tim Tobin, Mark Parsons, and Valerie Kenyon provided a round-up of the hot topics from 2018, including key regulatory and legal developments in the U.S., Europe, and Asia, in areas such as connected vehicles, drones, smart … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Christine GateauMichelle KisloffAdam Cooke

Going global: Data class actions make their way to the EU

Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind.

How real is the risk of class actions in data privacy?

Michelle Kisloff, U.S.: Class actions have long been … Continue Reading

Posted in Advertising, Data Protection & Privacy, Policy & Regulation

Digital Media Company Agrees to $4.95 Million COPPA Penalty in Settlement with NYAG

On December 4, 2018, the New York Attorney General (NYAG) announced that Oath Inc., which was known until June 2017 as AOL Inc. (AOL), has agreed to pay a $4.95 million civil penalty to settle allegations that AOL’s ad exchange practices violated the Children’s Online Privacy Protection Act (COPPA). The $4.95 million penalty is the largest ever assessed by any … Continue Reading

Posted in Artificial Intelligence, Data Protection & Privacy Jason Lohr

Legal landmines lie in wait for machine learning applications

An ever increasing variety of companies are incorporating machine learning into their products and services. Machine learning provides the ability to quickly and accurately perform, in parellel, a large number of well-defined tasks. The accuracy will improveover time as additional data is obtaied and the machine learning model continues to “learn”. Many companies, however, are struggling with the best way … Continue Reading

Posted in Data Protection & Privacy Timothy Tobin

California Consumer Privacy Act: The Challenge Ahead – CCPA and Employee Data

This is the seventh installment in Hogan Lovells’ series on the California Consumer Privacy Act.

The application of the California Consumer Protection Act of 2018 (“CCPA”) to employee data has been the subject of much debate since the first version of the bill was introduced on June 21, 2018 (just days prior to its enactment on June 28). Under a … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Timothy TobinPaul Otto

California Passes First-Of-Its-Kind Law Focussed on Internet of Things Cybersecurity

Late last month, California Governor Jerry Brown signed the first US Internet of Things (IoT) cybersecurity legislation: Senate Bill 327 and Assembly Bill 1906. Starting on January 1, 2020, manufacturers of regulated connected devices are required to equip such devices with “reasonable security features” designed to protect a connected device and any information it holds from “unauthorized access, destruction, … Continue Reading

Posted in Data Protection & Privacy, Internet Christine GateauMichelle Kisloff

The Internet of Things Webinar Series: Overcoming IoT Litigation Challenges

On October 2, 2018, Hogan Lovells hosted the most recent instalment in its Internet of Things Webinar (IoT) Series. Two of our experienced litigation partners, Christine Gateau in Paris and Michelle Kisloff in Washington DC, discussed current regulatory actions and cutting-edge IoT litigation debates in the U.S. and Europe, as well as litigation risks to keep in mind when designing … Continue Reading

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Four Key Considerations for Health and Life Sciences Companies

This is the sixth installment in Hogan Lovells’ series on the California Consumer Privacy Act.

The California Consumer Privacy Act of 2018 (CCPA) adds another set of privacy requirements for health and life sciences companies.  Managing the interaction of these new requirements with existing obligations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), California’s Confidentiality of Medical Continue Reading

Posted in Data Protection & Privacy Bret Cohen

California Consumer Privacy Act: The Challenge Ahead – A Comparison of 10 Key Aspects of The GDPR and The CCPA

This is the fifth installment in Hogan Lovells’ series on the California Consumer Privacy Act. 

As the most comprehensive privacy law to be enacted in the United States thus far, the California Consumer Privacy Act (CCPA) has inevitably invited comparisons to the European Union’s General Data Protection Regulation (GDPR). At first glance, it is clear that the drafters of the … Continue Reading

Posted in Data Protection & Privacy

California Consumer Privacy Act: The Challenge Ahead – Consumer Litigation and the CCPA: What to Expect

This is the fourth installment in Hogan Lovells’ series on the California Consumer Privacy Act

This post discusses litigation exposure that businesses collecting personal information about California consumers should consider in the wake of the California Legislature’s passage of the California Consumer Privacy Act of 2018 (CCPA).

For several years, the plaintiffs’ bar increasingly has relied on statutes like the … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy, e-commerce Roy ZouAdrian EmchSherry GongAndrew McGintyEugene LowMark Parsons

A game changer? China enacts first e-commerce law

In stark contrast to the rapid development of e-commerce in China, it has taken nearly five years and no less than four drafts for China to finalise its first e-Commerce Law. The new law will enter into force on 1 January 2019.

This new law has a remarkably broad scope, encompassing many aspects of e-commerce, including, for example, e-payments, … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Mark BrennanW. James Denvil

California Consumer Privacy Act: the Challenge Ahead – Data Mapping and the CCPA

This is the third installment in Hogan Lovells’ series on the California Consumer Privacy Act.

What personal information do you have about California consumers and households?

The California Consumer Privacy Act of 2018 (“CCPA”) provides a series of new compliance obligations and operational challenges for companies doing business in California. A vital first step for any company subject to the Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Key Terms in the CCPA

This is the second installment in Hogan Lovells’ series on the California Consumer Privacy Act.

Words matter. Nowhere is this truer than in legislation, where word choices—often the product of long debate and imperfect compromise—determine the scope and impact of a law. Legislative history can speak volumes about those word choices, and the unique legislative history of the California Consumer … Continue Reading

Posted in Cybersecurity, Data Protection & Privacy Harriet Pearson

California Consumer Privacy Act: The Challenge Ahead – Introduction to Hogan Lovells’Blog Series

Groundbreaking. Watershed. Unprecedented.

We have heard the California Consumer Privacy Act of 2018 (CCPA) called all these things and more since its enactment on June 28, ‌2018. Our experience to date has confirmed the compliance challenge ahead for organizations that engage with the residents of the world’s fifth-largest economy.

We will explore the ramifications for businesses of this seminal legislation … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Massimiliano MasnadaMarco Berliri

GDPR Italian Implementing Decree Has Been Published

On 4 September, the Legislative Decree no. 101 of 10 August 2018 (the “Decree”) for the national implementation of General Data Protection Regulation (EU) 2016/679 (the “GDPR”) has been published in the Official Journal. The approach of the legislator was to maintain the structure of former Legislative Decree 196/2003 (the “Privacy Code”) which, however, has been extensively amended and … Continue Reading

Posted in Data Protection & Privacy, Internet Christine GateauMichelle Kisloff

Invitation: The Internet of Things Webinar Series: Overcoming IoT Litigation Challenges

We are pleased to invite you to the next webinar in our Internet of Things (IoT) series. As IoT technology and devices continue their rapid advancement, they will have a very real role in litigation. In this 60-minute webinar, we’ll help you prepare for the expected and the unexpected, focusing on risk assessment, rising issues, and key challenges, so you … Continue Reading

Posted in Data Protection & Privacy

Privacy and Cybersecurity September 2018 Events

Please join us for our September 2018 Privacy and Cybersecurity Events.

September 11
GDPR One Stop Shop
Eduardo Ustaran is participating in DataGuidance’s webinar on “One Stop Shop under the GDPR.”
Location: Webinar

 

September 13
Messaging Forum
Mark Brennan will lead a session at the CTIA Mobile World Congress Americas where he will discuss text messaging privacy and
Continue Reading
Posted in Data Protection & Privacy Eduardo Ustaran

Who Will Get the First Big GDPR Fine and How to Avoid It?

In July, Eduardo Ustaran spoke at Privacy Laws & Business’ International Conference in Cambridge about the sort of activities likely to prompt regulators into exercising their increased fining powers under the EU GDPR. A link to the video of his presentation can be found here and a detailed report of the presentation is available here.… Continue Reading