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Tag Archives: employment

Posted in Consumer Privacy

California Consumer Privacy Act: The Challenge Ahead – The CCPA’s Anti-Discrimination Clause

One of the most controversial elements of the California Consumer Privacy Act (“CCPA”) is the establishment of an “anti-discrimination” right – businesses may not “discriminate” against consumers for exercising certain rights under the CCPA, and they will need to assess whether and how they can require consumers to accept certain data practices as a condition of service.  Compliance would be challenging even if the provision were articulated clearly, but as we have discussed in this blog series, the accelerated drafting process and passage of the CCPA earlier this year left little time for public comment and responsive amendments.  As a result, the law includes a series of ambiguities that complicate compliance, and nowhere is that more apparent than in the anti-discrimination provision.

This entry in Hogan Lovells’ ongoing series on the CCPA focuses on the law’s anti-discrimination clause, its ambiguities and potentially contradictory provisions, and impact on businesses.

Posted in Employment Privacy, International/EU Privacy

French Court of Appeals reject company’s whistleblower system despite CNIL approval

A French Court of Appeals in Caen recently confirmed a lower court’s order for the suspension of a whistleblowing system implemented by French company Benoist Girard, a subsidiary of American group Stryker. The decision comes as a surprise as it rejects the approval of the whistleblower system by French data protection authority (the “CNIL”).

Posted in Employment Privacy

German Higher Labor Court Permits Employers to Review Employees’ Emails

A decision by the Higher Labor Court of Berlin-Brandenburg Germany allowing an employer the right to access and review work-related email correspondence of an employee during his/her absence from work provides grounds for employers to access employees’ business-related email, even without the employee’s explicit consent, provided that the employer does not interfere with ongoing email traffic and does not access emails which are clearly private.