Data Privacy

On 24 June 2025, the European Commission published its “roadmap” for ensuring lawful and effective access to data by law enforcement (“Roadmap”). The Roadmap forms a key part of the Commission’s internal security strategy, which was announced in April, and follows on from the November 2024 recommendations of the High-Level Group on Access to Data for Effective Law Enforcement.

Of most immediate relevance to electronic communications service (“ECS”) providers, the Commission intends to propose new data retention requirements, is considering changes to better enable cross-border live interception of communications, and will support the development of tools enabling law enforcement authorities (“LEAs”) to access encrypted data. We describe these proposals, and other elements of the Roadmap, in more detail below.Continue Reading European Commission publishes its plan to enable more effective law enforcement access to data

This blog was prepared in collaboration with, and was originally published by, the UK BioIndustry Association, here. We are grateful to the UK BioIndustry Association for collaborating on this blog, and for the opportunity to post it here.

What are the UK’s plans to reform data protection law?

After an extended period of legislative back and forth, the Data (Use and Access) Bill has now received Royal Assent, becoming the Data (Use and Access) Act (we will therefore refer to it as the “Act” in this blog). The Act addresses various matters related to the use of data, and will to an extent distinguish the UK’s approach to data protection from that set out in the EU’s General Data Protection Regulation (“GDPR”). The European Commission will, therefore, assess whether these changes warrant stripping the UK of its adequacy status for data transfers, with a decision due by 27 December 2025. While the Commission is unlikely to withdraw its finding of adequacy, it is possible that a challenge to this finding could be brought before the Court of Justice of the EU, which could reach a different conclusion.

In summary, the Act is not a complete overhaul of data protection law in the UK; instead, it is more a package of targeted amendments. Of the changes most relevant to biotechs, the most significant is the more permissive regime for the use of personal data for scientific research – although, companies must still meet a number of requirements to fall within scope. More significant changes may take place in the future, as key parts of the Act enable the UK Government to pass secondary legislation in areas that may be relevant to biotechs.Continue Reading The UK’s new Data Legislation – What does it mean for the Life Science sector?

This year, state lawmakers have introduced over a dozen bills to regulate “surveillance,” “personalized,” or “dynamic” pricing.  Although many of these proposals have failed as 2025 state legislative sessions come to a close, lawmakers in New York, California, and a handful of other states are moving forward with a range…

Continue Reading State Legislatures Advance Surveillance Pricing Regulations

A number of previously enacted laws related to privacy and minors’ use of social media platforms will enter into force in July 2025.  These laws include comprehensive privacy frameworks in Tennessee and Minnesota, as well as laws governing the use of social media platforms by minors in Georgia and Louisiana.  An overview of some key laws is below.Continue Reading New State Privacy and Minor Social Media Laws to Become Effective in July

On June 10, 2025, the Finnish Data Protection Ombudsman published a decision (in FI) where it found that the processing of personal data for enforcing parking violations was unlawful because the enforcement mechanism was not described in the parking rental agreement.  This recent decision is a striking example of how data protection and consumer protection law are increasingly intertwined.  The case demonstrates that the way in which customer services—and any related enforcement mechanisms for non-performance—are described in contracts is not just a matter of consumer transparency, but a legal requirement for the lawful processing of personal data under Article 6(1)(b) of the GDPR (“processing [that] is necessary for the performance of a contract”).Continue Reading Data Protection Meets Consumer Protection: The Crucial Role of Clear Terms in Service Contracts

On June 2, 2025, the Global Cross-Border Privacy Rules (“CBPR”) Forum officially launched the Global CBPR and Privacy Recognition for Processors (“PRP”) certifications.  Building on the existing Asia-Pacific Economic Cooperation (“APEC”) CBPR framework, the Global CBPR and PRP systems aim to extend privacy certifications beyond the APEC region.  They will allow controllers and processors to voluntarily undergo certification for their privacy and data governance measures under a framework that is recognized by many data protection authorities around the world.  The Global CBPR and PRP certifications are also expected to be recognized in multiple jurisdictions as a legitimizing mechanism for cross-border data transfers.Continue Reading Global CBPR and PRP Certifications Launched: A New International Data Transfer Mechanism

Health-related websites are increasingly targeted with wiretapping suits if they use pixels or other third-party technologies to power their websites.  A few months ago, a California court dismissed on multiple grounds one such suit challenging the use of website pixels by Clearblue, a company that offers home pregnancy and fertility test kits.  Saedi v. SPD Swiss Precision Diagnostics d/b/a Clearblue, 2025 WL 1141168 (C.D. Cal. Feb. 27, 2025). Continue Reading Home Pregnancy Test Company Wins Dismissal of Pixel Wiretapping Suit

“Session replay” software is one of many website analytics tools targeted in wiretapping suits under the California Invasion of Privacy Act (“CIPA”).  Last month, a California federal court confirmed one of the many reasons why the use of this software does not violate CIPA section 631: A defendant cannot “read” (or attempt to read) session replay data “in transit,” as CIPA requires, because “events recorded by” this software “do not become readable content until after they are stored and reassembled into a session replay.”  Torres v. Prudential Financial, Inc., 2025 WL 1135088 (N.D. Cal. Apr. 17, 2025). Continue Reading Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPA

On April 29, 2025, the Italian data protection authority (“Garante”) launched a public consultation to collect feedback from stakeholders about the so-called “Pay or Ok” model. 

“Pay or Ok” refers to the concept of making access to a website’s content or service conditional on the website visitor performing one of…

Continue Reading Italian Garante Launches Public Consultation on the Implementation of “Pay or Ok” Models

Does a plaintiff’s use of a website constitute consent to a privacy policy linked in the website’s footer?  A Pennsylvania federal court answered yes in Popa v. Harriet Carter Gifts, Inc., 2025 WL 896938 (W.D. Pa. Mar. 24, 2025), granting summary judgment in favor of an online retailer (Harriet Carter Gifts) and its marketing partner (NaviStone) accused of collecting data about plaintiff’s website visit in violation of the Pennsylvania Wiretapping and Electronic Surveillance Control Act (“WESCA”).Continue Reading Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim