Cross Border Transfers of Data.
UK Data Transfers. The UK government has published a U.S. “adequacy decision” which permits U.S. organizations that have certified to the EU-US Data Privacy Framework (DPF) and UK Extension to receive personal data transferred from the UK to the U.S. after October 12, 2023.
China Data Transfers. November
As Cybersecurity Awareness Month wraps up, it’s worth mentioning that employee security awareness training is an ongoing process. Employee error remains a significant contributing factor in data breaches. According to the 2022 Verizon Data Breach Report, “74% of all breaches include the human element… error, privilege misuse, use of stolen credentials or social engineering.”
There are numerous cybersecurity regulations and requirements for businesses to worry about but they may not be considering their cybersecurity regulations under privacy statutes. California was at the forefront of privacy regulations with the passage of the California Consumer Privacy Act (CCPA). Lawsuits under the CCPA began almost immediately after it was enacted in 2020.
This year, Indiana joined several other states to pass a comprehensive consumer privacy law, that becomes operative on January 1, 2026. Like other consumer privacy laws, Indiana’s law requires businesses to establish reasonable administrative, technical, and physical security practices to protect the confidentiality, integrity, and accessibility of personal data, which implicates cybersecurity concerns.
Effective July 10, 2023, the EU-U.S. Data Privacy Framework (“EU-U.S. DPF”) replaced the invalidated EU-U.S. Privacy Shield framework (“Privacy Shield”). Participating U.S. organizations can now receive personal data transferred from the European Economic Area in compliance with the EU General Data Protection Regulation and without being subject to further conditions.
Similar to the Privacy
Though enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA) has been paused for now, the State of California is not resting when it comes to compliance with the CCPA.
On July 14, 2023, California’s Attorney General announced an “investigative sweep” regarding compliance with the CCPA.
FTC Safeguards Law (and Car Dealerships)
June 9th marked the deadline for financial institutions, including certain non-banking institutions that collect or maintain sensitive customer information (e.g., car dealerships), to implement a comprehensive information security program to comply with the Federal Trade Commission’s updated Safeguards Rule. For additional information, see our post: Reminder: The
As we round the corner into the second quarter of 2023, the following enforcement dates for new or amended state data protection laws are quickly approaching.
On March 28, 2023, Iowa’s Governor signed Iowa’s new statute relating to consumer data protection. Iowa joins California, Colorado, Connecticut, Utah, and Virginia in the ever-growing patchwork of consumer privacy laws across the country.
The new law takes effect on January 1, 2025.
Iowa’s consumer privacy law covers businesses
On March 15, 2023, the Iowa legislature unanimously passed Senate File 262, the Consumer Privacy Act, which relates to consumer data and privacy protection. Once signed by Iowa’s governor, the statute will become operative on January 1, 2025, and Iowa will join California, Colorado, Connecticut, Utah, and Virginia in passing