On February 23, 2022, the EU Commission published a Proposal for a Regulation on harmonized rules on the access to and use of data as part of its strategy for making the EU a leader in the data-driven society. The “Data Act” addresses the access, use and porting of “industrial data” generated in the EU
Mary T. Costigan
Massachusetts Legislature Evaluates Its Own Comprehensive Consumer Privacy Law
The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming law, its notable for two reasons. First, the comprehensive nature of the MIPSA exemplifies the direction state data protection laws are heading…
California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a consumer’s personal information and provides consumers new and expansive rights with respect to their personal information.
Less than one…
CCPA at the Two-Year Mark
The CCPA has reached the two-year mark. This is a good time for businesses to review the success of their compliance programs, recalibrate for the CCPA’s third year, and gear up for the CPRA’s January 1, 2023 effective date.
Here are a few suggestions:
- Privacy Policies. The CCPA requires a business to update the
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Employee Monitoring: New York Establishes New Requirements for Employers
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their activities in the workplace. Civil Rights (CVR) Chapter 6, Article 5, Section 52-C*2 will take effect six months after enactment,…
The “New” EU Standard Contractual Clauses: FAQs for U.S. Organizations
Globalization, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity and including goals, and outsourcing back office business functions. However, the emergence of far reaching data privacy regulation, such as the EU General Data Protection Regulation…
The New EU Standard Contractual Clauses
The EU Commission is expected to adopt the long awaited updated Standard Contractual Clauses (“SCCs”) on June 4, 2021. In the wake of the Schrems II decision invalidating the EU-U.S. Privacy Shield, the SCCs have played an increased role as an appropriate safeguard for transferring personal data from the European Economic Area to recipients in…
Data Protection and the Role of Vendor Management
The SolarWinds hack highlights the critical need for organizations of all sizes to include cyber supply chain risk management as part of their information security program. It is also a reminder that privacy and security risks to an organization’s data can come from various vectors, including third party vendors and services providers. By way of…
CPRA Series: The CPRA and Risk Assessments
The California Privacy Protection Act (CPRA) amended the California Consumer Privacy Act (CCPA) and has an operative date of January 1, 2023. The CPRA introduces new compliance obligations including a requirement that businesses conduct risk assessments. While many U.S. companies currently conduct risk assessments for compliance with state “reasonable safeguards” statutes (e.g., Florida, Texas…
A Reminder for Employers About W-2 Phishing Scams
For the past several years, thousands of businesses have been hit with phishing scams during tax season. Through these social engineering scams, hackers obtain employee Forms W-2 for filing fraudulent tax returns seeking large refunds. These phishing emails are typically sent as clients begin the process of issuing W-2s to employees. Often employers do not…