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
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
Michelle Kisloff, U.S.: Class actions have long been … Continue Reading
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
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
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
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
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
Please join us for our September 2018 Privacy and Cybersecurity Events.
| September 11 |
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| September 13 |
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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
More than 15 years after the adoption of the Data Protection Directive1, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online activity2.
Acknowledging this, the General Data Protection Regulation (GDPR)3 was finally adopted by the European Parliament on 14 April 2016, entering … Continue Reading
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU.
In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that … Continue Reading
A data lake is an infrastructure that permits different data sets from within a group to be combined and analysed together.
To analyse a data lake under GDPR, it is helpful to think of a data lake in two phases, which we analyse in our user guide.
Here, the guide covers:
The era of big data is here. Although we are yet to see its full potential, the use of big data analytics is already proving invaluable to businesses and its applications have been found in numerous and diverse sectors.
However, the use of big data has also brought much controversy, particularly when it involves sensitive information, concerns children, minorities or … Continue Reading
Thank you to everyone who participated in last week’s webinar “California Consumer Privacy Act: What you need to know now.”
In this complimentary webinar, Hogan Lovells partners Mark Brennan, Bret Cohen, Harriet Pearson, and Tim Tobin, discussed:
• What triggered the new law?
• What data is covered?
• What does CCPA require, and how do you start operationalizing the … Continue Reading
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.
The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.
Their task is not easy because the number of laws regulating the processing … Continue Reading
In this interview, Hogan Lovells Partner Valerie Kenyon and Senior Associate Anthea Davies — members of our Global Product Law team — discuss some of the exciting opportunities and challenges presented by the Internet of Things (IoT) and the connected home. Manufacturers of smart thermostats and fish tanks, connected baby products, intelligent kitchen appliances, and speakers that connect to voice-controlled … Continue Reading
On June 28, 2018, California’s governor signed Assembly Bill 375, a ground-breaking new data privacy law that some are calling the United States’ answer to the European Union’s General Data Protection Regulation (GDPR). Particularly in light of California’s status as the world’s 5th largest economy, many are wondering how the new California Consumer Privacy Act (CCPA) will affect them.
Please … Continue Reading
With the current focus on the coming into effect of the EU General Data Protection Regulation (GDPR), one could (almost) be forgiven for forgetting about the question of international data flows. However, given the political and legal developments currently affecting the future of international data transfers, that would be a very serious strategic mistake. Legitimising data globalisation remains a top … Continue Reading
Judging by the number of calls and the intensity of the discussions about how to comply with the cookie consent requirement in a post-GDPR world, this issue has become a top worry for organisations and data protection officers. Partly due to the visibility of the mechanisms used to collect this consent, and partly due to the potential implications of operating … Continue Reading
California continues to be a first mover in privacy in the United States, enacting the US’s toughest and most comprehensive privacy legislation on Thursday, June 28, 2018. Unlike existing state and federal privacy legislation that has generally focused on specific sectors or privacy issues, the California Consumer Privacy Act of 2018 (AB 375), applies broadly to businesses that … Continue Reading
With the coming into effect of the GDPR on 25 May 2018, the modernisation of European privacy laws has reached a critical milestone. Businesses operating in Europe or targeting European customers now need to comply with the new regime. At stake are not only the consequences of non-compliance, but also the ability to take advantage of new technologies, data analytics … Continue Reading
“Getting to Data Nirvana” is our four-step approach to help you integrate your legal, regulatory and compliance work streams into your organisation’s overall data strategy.
The job of the legal and compliance teams is to make sure that their company’s data projects do not breach applicable laws.
Their task is not easy because the number of laws regulating the processing … Continue Reading
In the third instalment of the 2018 Internet of Things Webinar (IoT) Series, Yarmela Pavlovic, Paul Otto, Elisabethann Wright, and Fabien Roy hosted an educational webinar focusing on the evolving world of connected medical devices.
Fabien described the regulatory framework applicable to digital health technologies regulated as medical devices in the EU. He explained the criteria which must be met … Continue Reading
