Search general data protection

On August 1, 2024, the Office of the New York State Attorney General (OAG) released two Advanced Notices of Proposed Rulemaking (ANPRM) for the SAFE for Kids Act and the NY Child Data Protection Act. These ANPRMs solicit input that will help the OAG promulgate regulations in three areas: (1) identifying “commercially reasonable and technically feasible methods” to determine if a user is a minor; (2) identifying methods of obtaining verifiable parental consent; and (3) promulgating any needed language access regulations.

The two laws forming the basis for the rulemaking were enacted on June 20, 2024. The Stop Addictive Feeds Exploitation (SAFE) For Kids Act and the New York Child Data Protection Act contain broad requirements applicable to some companies offering services to children, as explained further below.Continue Reading New York Begins Rulemaking for Two Children’s Data Privacy Laws

On June 6, the Texas Attorney General published a news release announcing that the Attorney General has opened an investigation into several car manufacturers.  The news release states that the investigation was opened “after widespread reporting that [car manufacturers] have secretly been collecting mass amounts of data about drivers directly…

Continue Reading Texas Attorney General Opens Investigation into Car Manufacturers’ Collection and Sale of Drivers’ Data

On May 16, 2024, the CNIL launched a public consultation on all of its health data standards.  Interested stakeholders are encouraged to participate by completing a questionnaire (available in French here) by July 12, 2024.

French law has specific requirements for the processing of health data.  In particular, it…

Continue Reading CNIL Opens Public Consultation on Its Standards for Processing Health Data

On May 9, 2024, the Italian data protection authority (“Garante”) published a decision identifying the safeguards that controllers must put in place when processing health data for medical research purposes, in cases where data subjects’ consent cannot be obtained for ethical or organizational reasons.

The Garante’s decision follows a recent legislative development, enacted by Law n. 56 of April 29, 2024, and effective as of May 1, 2024, which amended, among other things, Article 110 of the Italian Privacy Code.  The amendment removes the obligation to submit a research program and related data protection impact assessment (“DPIA”) for prior consultation to the Garante, in cases where it is impossible or disproportionately burdensome to contact the concerned individuals.  

We provide below an overview of the legal framework and the safeguards identified by the Garante.Continue Reading Italian Legislator and Regulator Update Rules on Processing of Health Data for Medical Research

Last month, the Maryland legislature passed the Maryland Online Data Privacy Act (“MODPA”). Pending Governor’s signature, Maryland will become the latest state to enact comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, Delaware, New Jersey, New Hampshire, Kentucky, and Nebraska.

MODPA contains unique provisions that will require careful analysis to ensure compliance, including: data minimization requirements; restrictions on the collection, sale, or transfer of sensitive data; and consumer health data-related obligations.  These unique provisions have the potential to create additional work streams even for companies who have come into compliance for existing state laws.  This blog post summarizes the statute’s key takeaways.Continue Reading The Maryland Online Data Privacy Act Set to Reshape the State Privacy Legislation Landscape with Stringent Requirements

On April 17, the Nebraska governor signed the Nebraska Data Privacy Act (the “NDPA”) into law.  Nebraska is the latest state to enact comprehensive privacy legislation, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Oregon, Texas, Florida, Delaware, New Jersey,  New Hampshire, Kentucky, and Maryland. The NDPA will take effect on January 1, 2025.  This blog post summarizes the statute’s key takeaways.Continue Reading Nebraska Enacts Nebraska Data Privacy Act

On March 5, 2025, the final text of the European Health Data Space (EHDS) was published in the EU Official Journal.  In April 2024,we wrote several blog posts on EHDS based on a provisional compromise text.  We have now updated those to reflect the final version and included references to the correct provisions.

This article focuses on the governance and enforcement of the EHDS; for an overview of the EHDS generally, see our first post in this series.Continue Reading EHDS Series – 5: European Health Data Space Governance, Enforcement and Timelines

On March 5, 2025, the final text of the European Health Data Space (EHDS) was published in the EU Official Journal (see here).  In early April 2024,we wrote several blog posts on EHDS based on a provisional compromise text.  We have now updated those to reflect the final version and included references to the correct provisions.

This article focusses on the obligations of data users; for an overview of the EHDS generally, see our first post in this series.Continue Reading EHDS Series – 3: The European Health Data Space from the Health Data User’s Perspective

After nearly six months since the initial draft was issued for public comments on September 28, 2023 (see here for our previous alert on that development), on March 22, 2024, the Cyberspace Administration of China (“CAC”) issued the final version of the Provisions on Promoting and Standardizing Cross-Border Data Flows (促进和规范数据跨境流动规定) ( “Provisions”) (Chinese version available here).  The Provisions take effect immediately.  

The newly finalized Provisions introduce significant changes to China’s existing cross-border data transfer regime.  These changes primarily involve exemptions from the previously mandated transfer mechanisms outlined in the Personal Information Protection Law (“PIPL”) and its implementing regulations.  Such mechanisms included undergoing a government-led security assessment, entering into a standardized contract, or obtaining personal information protection certification.  As a result, many companies that previously faced these requirements may now be exempt, easing their compliance burden for cross-border data transfers.  Importantly, the Provisions take precedence over any conflicting provisions within PIPL’s implementing regulations, including the Measures on the Standard Contract for Cross-Border Transfer of Personal Information and the Measures for Security Assessment of Cross-Border Data Transfer.Continue Reading China Eases Restrictions on Cross-Border Data Flows