Late yesterday, the EU institutions reached political agreement on the European Data Act (see the European Commission’s press release here and the Council’s press release here). The proposal for a Data Act was first tabled by the European Commission in February 2022 as a key piece of the European Strategy for Data (see our previous blogpost here). The Data Act will sit alongside the EU’s General Data Protection Regulation (“GDPR”), Data Governance Act, Digital Services Act, and the Digital Markets Act.Continue Reading Political Agreement Reached on the European Data Act
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Inside Privacy Audiocast: Episode 20 – Competition and Privacy Series: The EU’s Digital Markets Act
On Episode 20 of Covington’s Inside Privacy Audiocast, Dan Cooper, Co-Chair of Covington’s Data Privacy and Cyber Security practice, and Christian Ahlborn, Partner in Covington’s Competition practice, discuss the recently enacted EU Digital Markets Act (DMA) in the first part of our “Competition and Privacy” mini series.
For…
Review of U.S. State Law Developments in 2021
As we look ahead at 2022, we here provide a quick wrap-up of key developments for U.S. state privacy laws in the past year:
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FTC Announces Regulatory Priorities for Both Privacy and Competition
On December 10th, the Federal Trade Commission (FTC) published a Statement of Regulatory Priorities that announced the agency’s intent to initiate rulemakings on issues such as privacy, security, algorithmic decision-making, and unfair methods of competition.
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Ninth Circuit Denies Section 230 Defense in Products Liability Case
Last week, the Ninth Circuit ruled in Lemmon v. Snap, Inc., No. 20-55295 (May 4 2021), that 47 U.S.C. § 230 (“Section 230”) did not bar a claim of negligent product design against Snap, Inc., reversing and remanding a lower court ruling.
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Inside Privacy Audiocast: Episode 9 – China’s Approach to Data Protection
On the ninth episode of our Inside Privacy Audiocast, we peer through the looking glass at China’s approach to data protection and the latest developments in its emerging data protection and cybersecurity regime. Dan Cooper, Yan Luo and Zhijing Yu discuss the variety of legal instruments in China’s quickly-evolving…
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Irish DPC publishes draft Fundamentals for a Child-Oriented Approach to Data Processing
On December 18, 2020, the Irish Data Protection Commission (“DPC”) published its draft Fundamentals for a Child-Oriented Approach to Data Processing (the “Fundamentals”). The Fundamentals introduce child-specific data protection principles and measures, which are designed to protect children against data processing risks when they access services, both online and off-line. The DPC notes that all organizations collecting and processing children’s data should comply with the Fundamentals. The Fundamentals are open for public consultation until March 31, 2021.
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Centre for Data Ethics and Innovation Publishes Final Report on “Online Targeting”
On February 4, 2020, the United Kingdom’s Centre for Data Ethics and Innovation (“DEI”) published its final report on “online targeting” (the “Report”), examining practices used to monitor a person’s online behaviour and subsequently customize their experience. In October 2018, the UK government appointed the DEI, an expert committee that advises the UK government on how to maximize the benefits of new technologies, to explore how data is used in shaping peoples’ online experiences. The Report sets out its findings and recommendations.
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