Archives: Privacy & Data Protection

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U.S. data privacy considerations in the time of COVID-19

As businesses and individuals across the globe struggle to adapt to a new normal of remote work and social distancing due to the COVID-19 (a/k/a novel coronavirus) pandemic, they should also be aware of a number of U.S. data privacy and data security implications arising from these changes. In addition, businesses must be cognizant of … Continue Reading

FAQs for businesses and employers in the UK during the COVID-19 outbreak

Since March 11, when the World Health Organization (WHO) officially categorised the coronavirus disease (COVID-19) as a pandemic, it has become clear that the world is immensely struggling with the outbreak. It has even led to a massive slowdown in economic activity, causing volatility and turbulence in the financial markets. Therefore, apart from being a … Continue Reading

Final blow to the UPC project? German law ratifying UPCA is void

European countries have pursued the project of creating a Unitary Patent and a Unified Patent Court (UPC), since the early seventies. Success seemed within reach in 2013 when the international Agreement on a Unified Patent Court (UPCA) was concluded and subsequently ratified by several states. However, in 2017 the project came to a grinding halt … Continue Reading

Germany Coronavirus FAQs for businesses and employers

The current outbreak of coronavirus disease (COVID-19) is causing the world to struggle. It is clear that coronavirus is a threat to all human beings. It has also become clear that coronavirus is a threat to the health of the world economy and businesses. On March 11, 2020 the World Health Organization (WHO) characterized the … Continue Reading

U.S. Department of Health and Human Services issues final rules expected to transform how certain stakeholders share patient information

The U.S. Department of Health and Human Services (HHS) released companion interoperability and information blocking final rules that will significantly impact the way in which certain health care providers, health information technology (IT) developers, and health plans share patient information. For a discussion on major provisions of these rules, please read our post on our … Continue Reading

Singapore data protection law FAQ for employers

Since coming into effect in 2014, Singapore’s personal data protection law has been active enforcing the law since its passing. The law applies to all organizations operating in Singapore, regardless of their size and the nature of their business. Companies that employ personnel in Singapore must take note of how Singapore data protection law applies … Continue Reading

Vermont Attorney General brings first data broker enforcement action

On March 10, 2020, Vermont Attorney General T.J. Donovan initiated an enforcement action based on Vermont’s new data broker law against Clearview AI, Inc. Vermont’s data broker law, which became effective January 1, 2019, governs data brokers, which it defines as companies that collect and sell or license to third parties the personal information of … Continue Reading

Still working on it – draft CCPA regulations are modified a second time

Last week, on March 11, the California Department of Justice, Office of the Attorney General (AG) released its second set of revisions to its draft regulations under the California Consumer Privacy Act (CCPA). This second set of proposed revisions is based in part on comments received in response to an initial set of proposed revisions … Continue Reading

COVID-19 outbreak: Data privacy issue requirements on employee personal data differ in China, Hong Kong, and Singapore

On January 30, 2020, The World Health Organization (WHO) declared that the outbreak of novel coronavirus (COVID-19) is a “public health emergency of international concern.” This was, in part, an acknowledgement of the geographic spread of the virus and the need for intensified support for preparation and response, especially in vulnerable countries and regions. Further … Continue Reading

Georgia AG, FTC and US Chamber Institute for Legal Reform discuss “crazy quilt patchwork” of privacy laws in the US

On March 2, 2020, Reed Smith and the International Association of Privacy Professionals (IAPP) presented a panel discussion on 2020 privacy laws and trends featuring Attorney General Christopher Carr of Georgia; Linda Holleran Kopp of the Bureau of Consumer Protection, Division of Privacy and Identity Protection of the Federal Trade Commission (FTC); and Oriana Senatore, … Continue Reading

CCPA litigation is here: putative class action filed for alleged notice and collection violations

Although the California Consumer Privacy Act (CCPA) specifically precludes private lawsuits except for those resulting from certain data breaches, that has not stopped at least one plaintiff from bringing a putative class action based on an alleged CCPA violation. A proposed class action was filed on February 27, 2020, in the Southern District of California … Continue Reading

The growth of Adtech and how it falls into privacy laws’ crosshairs

The onslaught of privacy regulations has impacted every industry and, while it seems that no industry can be flat footed – from auto manufacturers to ecommerce platforms – one in particular has had to remain especially nimble: the advertising technology (Adtech) industry.  The Adtech industry has struggled with privacy regulations, including the CCPA, but it … Continue Reading

California legislature proposes ‘urgency statute’ to revise CCPA’s health care and research exemptions

As currently drafted, the California Consumer Privacy Act (“CCPA”) leaves many questions unresolved regarding how the law applies to data collected and used in the health care and life sciences industries, particularly in the research context. Clinical research sponsors and other industry participants have raised concerns about how the CCPA may impede care delivery and … Continue Reading

Wisconsin representative proposes “groundbreaking” data privacy law modeled after GDPR, including statutory penalties up to $20 million or 4 percent of total annual revenue

A trio of consumer data privacy bills modeled after Europe’s General Data Protection Regulation (GDPR) has been introduced in the Wisconsin State Assembly. The three bills, collectively dubbed the Wisconsin Data Privacy Act (WDPA), were sponsored by Republican State Representative Shannon Zimmerman, who is seeking to make Wisconsin “the most consumer-friendly state in our nation … Continue Reading

First decision on qualification of Bitcoins made by German tax court

On July 20, 2019 the German tax court for the federal states of Berlin and Brandenburg published the first decision of a German tax court on the qualification of “bitcoins” in a provisional legal protection procedure. The court confirmed that a bitcoin qualifies as an “asset” for German taxation and (tax) accounting purposes. At the … Continue Reading

It’s time to reassess cookie compliance in France

Companies have been challenged with respect to their cookie policies and their implementation due to the entry into force of the GDPR earlier than the proposed ePrivacy Regulation  Given the delay in the adoption of an EU-wide regulation on e-privacy, national data protection authorities have taken the initiative in publishing guidelines on cookies requirements. The … Continue Reading

California Attorney General issues revised draft regulations with key changes for regulated businesses

The public spoke and the California Attorney General (AG) listened.  Nearly four months after releasing initial proposed CCPA regulations, the California AG has issued a revised draft addressing many of the comments and concerns of both industry and privacy attorneys.  Although the structure and fundamental principles have not changed, the revisions will impact most CCPA … Continue Reading

2020 could be a monumental year for adtech

With the California Consumer Privacy Act (CCPA) coming into effect on January 1 and the announcement on 14 January from Google that it will be phasing out third party cookies within the next two years, it seems that 2020 will be a significant year for the adtech industry as industry players react with solutions and … Continue Reading

Uncertainty persists in biometric litigation

Companies facing class action litigation stemming from Illinois’ Biometric Privacy Act, 740 ILCS 14/1 et seq. (BIPA), will not get conclusive guidance from the U.S. Supreme Court on the issue of Article III standing. Despite the substantial increase in BIPA class actions filed between 2018 and 2019, and amici briefs imploring the Supreme Court to … Continue Reading

What’s next with Brexit, data protection and data transfers?

Following the UK Conservatives Party’s landslide victory in December 2019, there were immediate implications for the UK’s Withdrawal from the European Union, which resulted in the UK withdrawing from the EU on 31 January 2020. With the European Parliament’s approval of the Withdrawal Agreement, the UK is now in a transition period until 31 December … Continue Reading

Novel coronavirus outbreak throws up data privacy questions for businesses in China, Hong Kong and Singapore

The World Health Organization (WHO) declared on January 30, 2020, that the outbreak of 2019 nCoV (novel coronavirus) is a “Public Health Emergency of International Concern.” Further information is available in the WHO statement. On January 31, 2020, the Centers for Disease Control and Prevention (CDC) in the United States also declared a public health … Continue Reading

Maryland Attorney General Brian Frosh talks to Reed Smith about privacy and consumer protection

Reed Smith IP, Tech & Data attorneys Divonne Smoyer and Alexis Cocco conducted an in-depth Q&A with Maryland Attorney General Brian Frosh. During the interview, he discusses his priorities for data privacy and security for Maryland, including his hopes for future legislation in both Maryland and federally. AG Frosh is currently in his second term … Continue Reading

Cyber crime now poses increasing threat to the cannabis industry

According to a report issued last week, tens of thousands of cannabis dispensary customers’ personal data has been exposed following a data breach of a sales system that at least three (and likely more) cannabis dispensaries may have used to manage their sales to customers. Our recent client alert highlights the increasing threat that cyber … Continue Reading

Bipartisan proposals, FTC review signal likely changes to COPPA

With newly proposed legislation, the House has joined the Senate in introducing bipartisan legislation making changes to the Children’s Online Privacy Protection Act (COPPA). This pending legislation, when combined with the Federal Trade Commission’s (FTC) ongoing COPPA review and workshop, foreshadows expanded COPPA protections, especially for teenagers between 13 and 15 years of age. In … Continue Reading
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