As companies in the United States work to re-open physical workplaces, they must navigate an array of federal, state, and local laws that relate to employees, including requirements to keep workplaces safe while protecting employee privacy. Hogan Lovells partner Harriet Pearson contributed to a timely memorandum published on May 13 by the HR Policy Association. This memorandum is made available in this blog post.
Data protection authorities from around the world are stepping in to provide their input and guidance on the matter of data processing activities and the fight against the coronavirus. Hogan Lovells’ global Privacy and Cybersecurity team maintains a tracker of guidance from 30+ European data protection authorities, which we are making available with this post.
The French Data Protection Authority has recently released new guidelines (French only) regarding human resources processing operations. When the GDPR became effective, the CNIL’s previous set of HR Data guidelines became out of date as they did not incorporate new law’s requirements (e.g. obligations relating to records of processing activities and Data Protection Impact Assessments). These new guidelines replace several older HR guidelines issued by the CNIL, including and in particular the well-known Simplified Norm NS-46 and the Notification Exemption for payroll, both of which are no longer applicable.
The role of COVID-19 contact tracing apps in the exit strategy of the current lockdown that is gripping much of the world is increasingly becoming a focus of attention. While that role is being hotly debated, it is very likely that those apps in combination with other measures will be deployed across many countries. Until now and despite the calls by influential bodies such as the European Data Protection Supervisor for a coordinated approach to the development of single COVID-19 mobile app involving the World Health Organization, different countries have adopted their own strategies.
Please join us on Tuesday, April 28, 2020 for a one-hour webinar discussion during which Partners from Hogan Lovells will provide a general overview of data class actions in the United States, Europe, Mexico, and Russia.
On January 17, The Belgian Data Protection Authority published Recommendation no 01/2020 providing Guidance on direct marketing. The Recommendation provides a methodology on how to comply with the General Data Protection Regulation when conducting direct marketing.
Please Join us on Thursday, November 14 for a webinar discussion with Hogan Lovells Privacy and Cybersecurity partners Mark Brennan and Tim Tobin of how changes to the California Consumer Privacy Act (CCPA) enacted over the past year and the California Attorney General’s proposed regulations may impact your CCPA compliance efforts.
On October 22, the Interactive Advertising Bureau, a media and marketing industry trade group, released for public comment the California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies and accompanying technical specifications to implement the Framework. The draft Framework is designed to help Framework participants (including publishers and intermediaries) comply with the California Consumer Privacy Act by: (1) establishing a digital signal that Framework participants can use to communicate consumer requests to opt out of “sales” of personal information associated with digital advertising; and (2) supporting that signal with a standard contract designed to create service provider relationships between publishers and advertising companies after a consumer registers an opt out. The IAB is requesting comments, which can be sent to email@example.com, by November 5, 2019.
Please join Hogan Lovells on October 17 for a webinar discussion of the much-anticipated proposed CCPA regulations released by the California Attorney General. The Hogan Lovells team will discuss the proposed requirements and how they would impact privacy notices, individual rights, financial incentive programs, and contracting strategies. We will also discuss steps you can take to develop reasonable and defensible CCPA compliance strategies by January 1, 2020.
Since the California Consumer Privacy Act’s hasty passage in June last year and minor changes last September, the CCPA has vexed businesses working on compliance. Among many practical challenges, the CCPA often includes inconsistent or ambiguous requirements that have been an obstacle to implementing clear compliance strategies. Businesses, some academics, and various legislators thought that further amendments were needed to make the CCPA work effectively and accomplish its objectives. Over the past several months, the California legislature debated several amendments, eventually passing five bills, which now sit on the Governor’s desk. These bills collectively do not provide the sweeping changes sought by businesses. Instead amendments make minor tweaks and postpone for a year some of the more challenging requirements.
In the wake of a recent announcement by a major Dutch bank that it would start providing its customers with personalized advertisements based on their spending patterns, the Dutch Data Protection Authority (DPA) has sent a letter to all Dutch banks urging them to thoroughly review their direct marketing practices. The DPA specifically asked any bank contemplating the use of transaction data for direct marketing to reconsider. In its analysis, the DPA may have introduced a very onerous obligation to re-collect personal data for every single use.
Join us in June as we discuss the GDPR as it relates to colleges and universities; the CCPA, cybersecurity and data breaches, and industry-specific issues; as well as cyberthreats to the Internet of Things.
While eyes focus on the privacy legislative debate now underway in the United States, the development of a new Privacy Framework by the influential National Institute for Standards and Technology (“NIST”) is also worthy of attention. On May 13-14, 2019, NIST hosted its second workshop on the recently released discussion draft of its “Privacy Framework: An Enterprise Risk Management Tool” (“Privacy Framework”). The workshop brought together stakeholders to provide feedback on the draft and suggest areas for revision. NIST had previously hosted a workshop in October 2018 to kick off the development of the Privacy Framework and had presented its thinking at other fora such as the Brookings Institution.
The sky has not fallen. The Internet has not stopped working. The multi-million euro fines have not happened (yet). It was always going to be this way. A year has gone by since the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) became effective and the digital economy is still going and growing. The effect of the GDPR has been noticeable, but in a subtle sort of way. However, it would be hugely mistaken to think that the GDPR was just a fad or a failed attempt at helping privacy and data protection survive the 21st century. The true effect of the GDPR has yet to be felt as the work to overcome its regulatory challenges has barely begun. So what are the important areas of focus to achieve GDPR compliance?
Please join the Hogan Lovells Privacy and Cybersecurity team on May 15 for our webinar, Hacking 101: How it Works and How to Mitigate Risk. We will explore how certain common hacks work from a technical perspective and how to mitigate related risks from a legal and compliance perspective.
Eduardo Ustaran was featured on the IAPP’s Privacy Advisor Podcast to discuss latest developments of Brexit—including various potential outcomes—and how companies doing business in the United Kingdom are looking ahead to prepare post-Brexit privacy and data protection compliance practices. Eduardo also outlined the state-of-legislation of the European Union’s ePrivacy update and discussed how the anticipated regulation may develop during Romania’s term in the Presidency of the Council of the European Union.
Vietnam’s new Law on Cybersecurity has garnered much attention due to its sweeping attempt to regulate online content available to internet users in Vietnam. Among its more controversial provisions are the requirements that both foreign and domestic online service providers store personal data of Vietnamese end-users in Vietnam, surrender such data to Vietnamese government authorities upon request, and supervise user posts to remove “prohibited” content (defined to include content viewed as disparaging of the Vietnamese government and/or government officials or state agencies). The law also requires offshore service providers to open branches or representative offices in Vietnam, presumably to facilitate enforcement of the Cybersecurity Law against them.
A bill introduced to amend the California Consumer Privacy Act of 2018 (“CCPA” or the “Act”) could greatly expand the risks to businesses that collect the personal information of California consumers. Senate Bill 561 (“SB 561”) would expand the CCPA’s private right of action to any violation of a consumer’s CCPA rights, remove the existing 30-day cure period, and eliminate businesses’ right to consult the AG’s office regarding compliance. SB 561 would not impact the CCPA’s current effective date of January 1, 2020.
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 public. In Germany, DPAs are investigating a broad range of non-compliance issues and showing a tendency toward increasing their enforcement activities, to the point that we expect an announcement of increasing GDPR sanctions and fines in Germany in the near future.
With the coming into effect of the General Data Protection Regulation (“GDPR”), those conducting clinical trials in the EU face a complex set of rules ranging from lawful grounds for processing and transparency to restrictions on data transfers and secondary uses. To assist with this task the European Commission is in the process of adopting a Q&A document on which it has sought the advice from the European Data Protection Board (“EDPB”).
Much of the focus on the California Consumer Protection Act (“CCPA”) has been on the new rights that it affords California consumers, including the rights to access, delete, and opt out of the sale of their personal information. But arguably the greatest risk to covered businesses involves data security, as the CCPA creates for the first time a private right of action with substantial statutory penalties for breaches involving California consumers’ personal information. This installment of the Hogan Lovells’ CCPA series explains the CCPA’s security requirement and consequences for non-compliance, and describes security controls that most organizations can implement to mitigate this risk.
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 Regulation (“GDPR”) implemented in the European Union, the LGPD imposes strict regulations on the collection, use, processing, and storage of electronic and physical personal data. In conjunction with the passing of the LGPD, the National Data Protection Authority will be created in order to adequately implement the new legislation.