In July 2020, the Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid. The EU-U.S. Privacy Shield program was designed to provide European Economic Area (EEA) data transferred to the U.S. with a level of protection comparable to EU law. The CJEU invalidated the program stating that U.S. companies could
Mary T. Costigan
Mary T. Costigan is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. and a core member of the firm’s Privacy, Data and Cybersecurity practice group. She holds a Certified Information Privacy Professional/US designation from the International Association of Privacy Professionals (iapp).
Mary advises regional, national and multinational clients across various industries on data privacy and cybersecurity laws and best practices including employee monitoring, internet privacy, biometric data collection, artificial intelligence, the California Consumer Privacy Act (CCPA), HIPAA, and the EU General Data Protection Regulation.
Mary has extensive experience helping clients respond to cybersecurity incidents including ransomware attacks.
California Consumer Privacy Act FAQs: Employment Information
1. What’s changing?
Under the current version of the California Consumer Privacy Act (“CCPA”), an employer’s obligations related to the personal information it collects from employees, applicants, and contractors residing in California (collectively, “Employment Information”) are relatively limited. Specifically, it needs to (1) provide those individuals a “notice at collection” that discloses the categories of…
CPPA Releases Notice of Proposed Rulemaking
At the start of June, the California Privacy Protection Agency (CPPA), the agency tasked with implementing and enforcing the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA), voted to begin the rulemaking process.
On July 8, 2022, the CPPA officially began the formal rule-making process to adopt proposed regulations…
The EU Data Act and Its Effects on the Data Economy
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…
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
…
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…