On June 1, The California Attorney General submitted the final text of the CCPA regulations to the California Office of Administrative Law for approval. Though regulations submitted to the OAL in June ordinarily would not become effective—if approved—until October 1, the CA AG has requested an expedited review. According to the CA AG, the expedited review would allow the regulations to become effective by July 1, which still is the date his office plans to begin enforcing the CCPA according to a public statement.
The California Privacy Rights Act is progressing through California’s elections process for inclusion on the November 2020 ballot. Businesses may want to begin considering how their data privacy obligations in California may change if voters enact CPRA. The CPRA would significantly amend the CCPA. Included in this blog post is a summary of key additions and modifications to the CCPA’s existing obligations.
As the world focuses its efforts on the right strategy to beat the coronavirus and make normal life safe again, businesses are devising and implementing a variety of measures to deal with the COVID-19 crisis which rely on the collection, use and dissemination of personal data. To assist with this challenge and ensure that privacy and cybersecurity aspects are appropriately addressed, Hogan Lovells has released today a detailed guide providing legal analysis and practical recommendations. The guide is made available in this post.
Updated versions of the UK model Clinical Trial Agreement and the Clinical Research Organisation model Clinical Trial Agreement have been published. Given the increasing importance of safe but swift clinical trials in the time of coronavirus, this post outlines the main changes introduced from a data protection perspective and what they mean for contracting parties.
Businesses spent the latter months of 2019 working hard to prepare for the January 1, 2020 implementation of the California Consumer Privacy Act. Months later, those businesses still are uncertain of their full range of potential compliance obligations because the California Attorney General’s CCPA implementing regulations are still not final. As businesses refine their CCPA compliance programs, they should also be aware that privacy rules in California could again change before the end of this year if the California Privacy Rights Act ballot initiative is approved by voters. Both the regulations and the CPRA are subject to complicated administrative processes that could affect their adoption and implementation, as described in this post.
On Wednesday April 15, Hogan Lovells and Ankura hosted a webinar about the impact of the GDPR and CCPA on cookies and similar AdTech tracking technologies. James Denvil from Hogan Lovells’ Privacy and Cybersecurity practice was joined by senior directors from Ankura to share best practices and perspectives. The webinar recording and slides are now available on our blog.
During this webinar, Hogan Lovells attorneys discussed the latest developments on consumer financial issues and how you can steer your organization in today’s rapidly changing COVID-19 environment and beyond. The webinar recording and slides are now available on our blog.
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 Tuesday, March 10, the Japanese Cabinet approved a bill to revise the Act on the Protection of Personal Information, which would require companies to take certain additional measures to protect personal data of data subjects. The proposed amendment will be submitted to the ordinary session of the Diet for approval. The update comes as part of the Japanese government’s commitment to update Japan’s privacy law every three years. The last update came into force in May 2017.
Across the world, large retail stores and small businesses alike are shutting their doors. International flights and sporting events, conferences and concerts (and everything in between) are being cancelled. With all of the cancellations, postponements, and alternative arrangements that are required as a result of this global crisis, plus the special desire of all retail, travel, and other consumer-facing businesses to stay in touch with their customers, many organisations face the critical challenge of getting to grips with the legal rules that apply to those unsolicited communications and interactions.
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 has compiled the guidance from various European authorities, which we are making available with this post.
Slowly but surely, the U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” in the Telephone Consumer Protection Act. On February 19, 2020, a unanimous Seventh Circuit panel refused to revise a putative class action in Gadelhak v. AT&T Services, Inc. after concluding that the dialing system used by AT&T did not qualify as an autodialer. Like the Eleventh Circuit in Glasser v. Hilton Grand Vacations Company, LLC and Third Circuit in Dominguez v. Yahoo, Inc., the Seventh Circuit held that an “autodialer” must use “a random or sequential number generator” to either store or produce numbers. Because the system used by AT&T simply pulled numbers from a database, the court found that the system was not an autodialer and the texts did not violate the TCPA.
As with anything Brexit-related, the UK government is facing a dilemma in relation to data protection law. Shall we follow the direction of travel of the past 25 years and opt for the continuity and certainty provided by the GDPR or shall we use the departure from the EU to make radical changes to the regulation of data uses and privacy? On the one hand, it would be reassuring to know that despite Brexit’s uncertainties, the current framework is here to stay and it will develop in a familiar way. On the other hand, it must be tempting to use this opportunity to completely re-think what is in the best national interest. For an area of law and policy that is so closely related to technological development and prosperity, it would be foolish not to consider whether a different formulation would lead to better outcomes. A dilemma indeed.
Washington State is already shaping up as a center of state privacy legislation for 2020. Last year, SB 5376 gained significant traction in the legislature, passing the state Senate almost unanimously but ultimately failing in the House due to discussions around facial recognition and compliance challenges. State Senator Reuven Carlyle, chair of the state’s Senate Energy, Climate & Technology Committee, has now released a revised draft of the WPA for 2020. If enacted as drafted, this new version of the WPA would come into effect on July 31, 2021.
Hogan Lovells has published a study evaluating the ongoing legislative proposal for a new ePrivacy Regulation, a law aimed at updating the current ePrivacy framework in the EU.
After nearly three years of debates and negotiations, the European Union is nowhere near agreeing a position on how to achieve the right balance between the need for technological innovation, public security and the protection of privacy in the context of the digital economy.
On October 17, the Spanish data protection authority published the Guide to Privacy by Design. While Privacy by Design first became a legal requirement in the EU with implementation of the General Data Protection Regulation, it is a well-known concept among privacy professionals that dates back to the 1990s. PbD should be construed as “the need to consider privacy and the principles of data protection from the inception of any type of processing.” It is a concept focused on risk management and accountability that aims to incorporate privacy protections throughout the life cycle of systems, services, products, and processes. It involves the application of measures for privacy protection among all business processes and practices associated to personal data.
Join us in November at the IAPP Europe Data Protection Congress 2019 as well as other events where we will discuss the future of privacy, international issues, as well as how to protect your financial institution from a cyber incident. We hope you can join us.
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.
October is full of exciting events where we will share insights on the CCPA, cyber incident response preparedness, data transfers, and more. We hope you can join us!
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.
Join members from our award-winning Privacy and Cybersecurity practice at this week’s IAPP Privacy. Security. Risk. 2019 conference in Las Vegas. We hope to see you at one of our sessions listed below.
Join us on Thursday 19 September for the Hogan Lovells Privacy and Cybersecurity KnowledgeShare in London. We will 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.
Join us in September as we will be at the IAPP Privacy. Security. Risk. 2019 conference in Las Vegas discussing the CCPA, the GDPR, and traits of effective privacy and security professionals. We will also be exploring the latest thinking on key privacy and cybersecurity topics as well as cybersecurity as it relates to medical devices and patients, and more. We hope you can join us.