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Inside Privacy

Updates on Developments in Data Privacy and Cybersecurity

Topics

Advertising & Marketing

French CNIL Imposes €1M GDPR Fine on Israeli Ad Tech FirmRecent Class Actions Under State Anti-Spam Laws Target Retail Email Marketing Practices and Raise Questions about CAN-SPAM Act Preemption

Aerospace & Defense

Trump Administration Issues AI Action Plan and Series of AI Executive OrdersKey Takeaways from China’s Finalized Generative Artificial Intelligence Measures

Airlines

TSA Imposes New Cybersecurity Requirements for Rail and Air SectorsGDPR: Top 5 Post-Implementation Issues for Airlines

Algorithmic Management

European Parliament Committee Recommends Commission to Propose EU Directive on Algorithmic Management

Artificial Intelligence (AI)

NIST Publishes Preliminary Draft of Cybersecurity Framework Profile for Artificial Intelligence for Public CommentEuropean Commission Launches Consultations on the EU AI Act’s Copyright Provisions and AI Regulatory Sandboxes

Autonomous Vehicles

Trump Administration Issues AI Action Plan and Series of AI Executive OrdersU.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024

Big Data

EHDS Series – 2: The European Health Data Space from the Health Data Holder’s PerspectiveData Act Becomes Law: What Next?

Brexit

Data Divergence: A Brexit Dividend?European Commission Adopts Final UK Adequacy Decisions

California Consumer Privacy Act (CCPA)

California Privacy Agency Fines Tractor Supply $1.35 Million Over CCPA ViolationsNavigating California’s New and Emerging AI Employment Regulations

California Privacy Rights Act

CPPA Releases Draft Rules on Cybersecurity Audits and Risk AssessmentsCalifornia Court Delays Enforcement of CPPA Regulations

Canada

IoT Update: FTC Settles with Smart Lock Manufacturer and Provides Guidance for IoT CompaniesCanadian Privacy Commissioner Releases Official Guidance as Data Breach Law Takes Effect

Centre for Data Ethics and Innovation

Centre for Data Ethics and Innovation Publishes Final Report on “Online Targeting”

Children's Privacy

End-of-Year 2025 State and Federal Developments in Minors’ PrivacyGlobal Privacy Regulators Launch Enforcement Sweep Focused on Children’s Data Protection

China

China’s DPO Reporting Requirement Now in EffectChina Releases New Labeling Requirements for AI-Generated Content

Cloud Computing

U.S. AI, IoT, CAV, and Privacy Legislative Update – Fourth Quarter 2022European Commission Presents Strategies for Data and AI (Part 1 of 4)

Colorado Privacy Act

Colorado AG Files Final Rules Implementing CPAThe Colorado AG Posts Revised Draft Regulations

Committee on Standards in Public Life

UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

Competition

UK Regulators Target Dark PatternsFrom Washington to Brussels: A Comparative Look at the Biden Administration’s Executive Order and the EU’s AI Act

Congress

U.S. Congress Passes Bill Establishing Notice and Takedown Regime for Publication of Nonconsensual Intimate Visual DepictionsSenate Judiciary Subcommittee Holds Hearing on the STOP CSAM Act

Consumer Protection

Greystar’s $24 Million Settlement Signals FTC Crackdown on Hidden Rental FeeHelp Shape the Future of EU Product Compliance: Participate in the Public Consultations

COVID-19

COVID-19: Legal Considerations and Best Practices for Employers Processing Vaccination DataCOVID-19 Vaccine Verification Frameworks: Emerging Standards Seek to Balance Privacy Concerns With Public Health Benefits

Creditors

FTC Announces Amended Rule on Identity Theft "Red Flags"

Critical Infrastructure

CISA Releases Cybersecurity Performance Goals 2.0 for Critical InfrastructureCISA Delays Cyber Incident Reporting Rule for Critical Infrastructure

Cross-Border Transfers

Roundup of Cross-Border Data Transfer DevelopmentsEuropean Commission and Brazil Advance Towards Mutual Adequacy Decision

Cybersecurity

CISA Releases AI Data Security GuidanceNIS2 Deadline Today

Cybersecurity

Germany Transposes NIS 2 Directive – Increased Cybersecurity Requirements for BusinessesNIST Publishes Preliminary Draft of Cybersecurity Framework Profile for Artificial Intelligence for Public Comment

Dark Patterns

UK Regulators Target Dark PatternsItalian Garante Fines Digital Marketing Company Over Use of Dark Patterns

Data

State Legislatures Advance Surveillance Pricing RegulationsCJEU Clarifies GDPR Rights on Automated Decision-Making and Trade Secrets

Data Breaches

European Commission Proposes Revisions to GDPR and Other Digital Rules Under Digital Omnibus PackageICO Fines Capita £14 Million Over 2023 Data Breach

Data Privacy

EU Biotech Act Suggests Clarifying Data Protection Rules For Clinical TrialsCJEU Clarifies Responsibilities Of Online Marketplace Operators

Data Protection Officer

EDPB 2023 Coordinated Enforcement Framework on DPOs: What Are the Key Takeaways for Organizations?Court of Justice of the EU Clarifies Rules on Data Protection Officers’ Dismissal and Conflicts of Interest

Data Security

European Commission Proposes Revisions to GDPR and Other Digital Rules Under Digital Omnibus PackageFive major changes to the regulation of cybersecurity in the UK under the Cyber Security and Resilience Bill

Data Transfers

Roundup of Cross-Border Data Transfer DevelopmentsCommission Collects Feedback to Simplify Rules on Data, Cybersecurity and Artificial Intelligence in Upcoming Digital Omnibus

Delaware Personal Data Privacy Act

Delaware General Assembly Passes Personal Data Privacy Act

Department of Commerce

U.S. Government Issues White Paper on Privacy Safeguards Following Schrems IIPrivacy Shield Third Annual Review

Department of Health and Human Services

OCR Seeks Comments Related to Recognized Security Practices and Distribution of Civil Monetary Penalties under the HITECH ActFTC Adopts Policy Statement on Privacy Breaches by Health Apps and Connected Devices

Department of Justice

UK and U.S. Governments set a date for the entry into force of the UK-U.S. CLOUD Act AgreementDOJ Proposes Legislation to Limit Section 230 Immunity

Digital Health

New German Guidelines on GDPR Requirements for International Transfers of Health Data in Medical ResearchEuropean Health Data Space Published

Digital Services Act

European Commission Makes New Announcements on the Protection of Minors Under the Digital Services ActEuropean Commission Publishes Draft Guidelines on the Protection of Minors under the DSA

Doxing

FTC Settles with Broker Who Allegedly Disclosed Personal Information of Yelp Reviewers

Electronic Surveillance and Law Enforcement Access

UK and U.S. Governments set a date for the entry into force of the UK-U.S. CLOUD Act AgreementSupreme Court Holds FISA Does Not Displace the State Secrets Privilege

EMEA Tech Regulation

Digital Omnibus Package Series: European Commission’s Proposal to Revise the EU's AI RulesFrench CNIL Issues Draft Guidance On The Use of Location Data From Connected Vehicles

Emerging Technologies

UNESCO Adopts First Global Framework on Neurotechnology EthicsEuropean Commission Launches Consultations on the EU AI Act’s Copyright Provisions and AI Regulatory Sandboxes

Entertainment

EU and US Lawmakers Agree to Draft AI Code of ConductWhite House Issues Request for Comment on Use of Automated Tools with the Workforce

ePrivacy Regulation

Irish DPC Publishes Child-Facing Privacy Guides12 Eye-Catching Proposals In The UK Government’s Plan To Reform UK Data Protection Law

Ethics

Kenya’s AI Strategy 2025–2030: Signals for Global Companies Operating in AfricaThe Council of Europe Publishes Feasibility Study on Developing a Legal Instrument for Ethical AI

EU Adequacy Decision

Roundup of Cross-Border Data Transfer DevelopmentsEuropean Commission Retains Adequacy Decisions for Data Transfers to Eleven Countries

EU Data Protection

EU Biotech Act Suggests Clarifying Data Protection Rules For Clinical TrialsCJEU Clarifies Responsibilities Of Online Marketplace Operators

EU-U.S. Data Privacy Framework

Roundup of Cross-Border Data Transfer DevelopmentsEuropean Commission Adopts Adequacy Decision on the EU-U.S. Data Privacy Framework

European Union

European Commission Proposes Revisions to GDPR and Other Digital Rules Under Digital Omnibus PackageCJEU Upholds Country-of-Origin Principle for Online Service Providers in the EU

European Union

Germany Transposes NIS 2 Directive – Increased Cybersecurity Requirements for BusinessesGerman Government Proposes GDPR Reform to Shift Responsibility to Manufacturers

Federal Communications Commission

FTC Announces Regulatory Priorities for Both Privacy and CompetitionSupreme Court Narrows Meaning of TCPA Autodialer Definition

Federal Trade Commission

FTC Sets Aside Rytr Final Order Pursuant to White House AI Action PlanFTC Issues Warning Letters for Violations of Consumer Reviews Rule

Financial Institutions

New York Department of Financial Services Finalizes Second Amendment to Cybersecurity RegulationProposed Second Amendment to NYDFS Cybersecurity Regulations: Comments Due August 14

Financial Privacy

SEC Adopts Amendments to Regulation S-PMcHenry Introduces Data Privacy Act of 2023

Financial Services

CJEU Clarifies GDPR Rights on Automated Decision-Making and Trade SecretsDutch SA Sanctions Credit Card Company for Failure to Perform Data Protection Impact Assessment

Fintech

Overlap Between the GDPR and PSD2

GDPR

German Government Proposes GDPR Reform to Shift Responsibility to ManufacturersEU Biotech Act Suggests Clarifying Data Protection Rules For Clinical Trials

GDPR Rights

CJEU Rules on Right of Rectification of Gender IdentityEDPB Launches Coordinated Enforcement on the Right to Erasure

Health Privacy

UNESCO Adopts First Global Framework on Neurotechnology EthicsNew York Governor Vetoes Restrictive Health Privacy Law

India

Five Key Themes from the FTC’s Data Portability WorkshopIndia Proposes Updated Personal Data Protection Bill

International

European Commission Proposes Revisions to GDPR and Other Digital Rules Under Digital Omnibus PackageRoundup of Cross-Border Data Transfer Developments

Internet of Things (IoT)

NIST Report and Recommendations on Fostering Development of the Internet of ThingsData Act Becomes Law: What Next?

Iowa

Iowa Enacts Comprehensive Consumer Privacy Law

Korea

EU Digital Partnerships with Asia: A New Path Towards Enhanced Digital Collaboration and OpportunitiesEDPB Adopts Overall Favorable Opinion on European Commission’s Draft Adequacy Decision for South Korea

Liability

EU Member States Begin Rolling Out New Product Liability RulesEuropean Parliament Study Recommends Strict Liability Regime for High-Risk AI Systems

Life science

The UK’s new Data Legislation – What does it mean for the Life Science sector?U.S. AI, IoT, CAV, and Privacy & Cybersecurity Legislative & Regulatory Update – First Quarter 2023

life science

Major Cyber-attack on Irish Health System Causes Commercial ConcernNew German Legislation Facilitates Scientific Research in the Health Sector

Life Sciences & Digital Health

UNESCO Adopts First Global Framework on Neurotechnology EthicsEU Biotech Act Suggests Clarifying Data Protection Rules For Clinical Trials

Litigation

Court Grants Summary Judgment: Website Vendor Cannot Read “Session Replay” Data “In Transit” Under CIPAImplied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping Claim

Litigation

CJEU Clarifies Responsibilities Of Online Marketplace OperatorsRounding up Five Recent CJEU Cases on GDPR Compensation

Litigation

Third Circuit Affirms Dismissal of CIPA and CMIA ClaimsCourt Applies Popa to Dismiss CIPA Pen Register Claim for Lack of Article III Standing

Marketing

Schedule of Panelists for FTC's Upcoming Big Data & Discrimination WorkshopFTC to Examine Impact of "Big Data" on Low-Income and Underserved Communities

Metaverse

Regulating the Metaverse in Europe

Middle East

Top Five EMEA Technology Trends to Watch in 2023Saudi Arabia Issues New Personal Data Protection Law

Mobile

New York AG Issues Guidance on Website Privacy ControlsGerman court decides that GDPR consent can be tied to receiving advertising

Mobile Online

FTC Releases Online Tool to Help Health App Developers Identify Applicable LawsHHS Launches Portal Seeking Questions from Mobile Health Application Developers

NHS

UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

Non-Personal Data

European Parliament and Council Release Agreed Text on Data Act

Online

State Legislatures Advance Surveillance Pricing RegulationsNew York AG Issues Guidance on Website Privacy Controls

Online Safety

EU Legislative Update on the New Product Liability Directive

Online Targeting

ICO announces its online tracking strategy for 2025CJEU Decides the IAB Europe Case, Expanding the Concept of Controllership

Policy and Legislation

European Commission Publishes Apply AI Strategy to Accelerate Sectoral AI Adoption Across the EUU.S. Senate Passes REPORT Act to Expand Scope of CSAM Reporting Obligations

POPIA

South Africa Introduces Mandatory e-Portal Reporting for Data BreachesFinal Countdown to POPIA Compliance: Five Critical Steps to Take Before July 1st, 2021

Privacy & Data Security

New State Privacy and Minor Social Media Laws to Become Effective in JulyGlobal CBPR and PRP Certifications Launched: A New International Data Transfer Mechanism

Privacy and Data Security

Roundup of Cross-Border Data Transfer DevelopmentsIllinois Federal Court Dismisses BIPA Suit Against X, Holding “Biometric Identifiers” Must Identify Individuals

Privacy Policies

Implied Consent to Privacy Policy in Webpage Footer Forecloses Website Wiretapping ClaimCCPA Consumer Request Metrics Reporting Due July 1, 2021

Public Sector

OFAC Issues Updated Guidance on Ransomware PaymentsUK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

Quantum

Quantum Computing: Developments in the UK and USCISA, NSA, and NIST Urge Critical Infrastructure and Others to Prepare for Quantum Computing Cyber Threats

Red Flags

FTC Issues Revised Business Guide on Identity Theft Red Flags RuleSEC and CFTC Issue Final Identity Theft Rule

Report

UK Government’s Advisory Committee Publishes Report on Public Sector Use of AI

Russia/Ukraine War

International Cybersecurity Authorities Issue Joint Advisory on Russian Cyber Threats to Critical Infrastructure

Saudi Arabia

Saudi Arabia Issues New Personal Data Protection LawInside Privacy Audiocast Episode 15: Data Privacy Developments in Saudi Arabia and the Middle East

Smart Meters

FTC Releases Agenda for November 19th "Internet of Things" WorkshopENISA Publishes New Guidelines for Smart Grid Cyber Security

Social Media

Utah Repeals and Replaces Social Media Regulation ActState, Federal, and Global Developments in Children's Privacy, Q1 2023

Sourcing

GDPR Contracts and Liabilities Between Controllers and ProcessorsData Localization Requirements Through the Backdoor? Germany’s “Federal Cloud”, and New Criteria For the Use of Cloud Services by the German Federal Administration

South Africa

South Africa: Guidance on POPIA Exemptions and Registration of Information OfficersFinal Countdown to POPIA Compliance: Five Critical Steps to Take Before July 1st, 2021

Standards

NIST Publishes Updated Incident Response Recommendations and ConsiderationsEU Legislative Update on the New Product Liability Directive

State Legislatures

Texas Enacts AI Consumer Protection LawState Legislatures Advance Surveillance Pricing Regulations

State Privacy

CalPrivacy Announces $45,000 Fine Against Data Broker for Delete Act ViolationsCalifornia AG Announces $1.4 Million Settlement with Mobile App Gaming Developer Over CCPA Violations

Student Privacy

Vermont Enacts Data Breach Notification and Student Privacy LegislationCalifornia Attorney General Issues Recommendations for Privacy in Ed Tech

Surveillance

State Legislatures Advance Surveillance Pricing RegulationsPresident Biden Signs Executive Order to Implement EU-U.S. Data Privacy Framework

TCPA

Maryland and Florida Update Their Telemarketing LawsWashington Enacts Update to State Telemarketing Law

Technology

European Commission Publishes Apply AI Strategy to Accelerate Sectoral AI Adoption Across the EUTrump Administration Issues AI Action Plan and Series of AI Executive Orders

Technology Transactions

GDPR Contracts and Liabilities Between Controllers and ProcessorsCovington Attorneys Author Chapter on the Challenges of Managing Third-Party Outsourcing Risks

Travel

TSA Imposes New Cybersecurity Requirements for Rail and Air SectorsGDPR: Top 5 Post-Implementation Issues for Airlines

U.S. Election 2020

Inside Privacy Audiocast: Episode 8 – The Impact of the U.S. Election on Privacy Laws in the U.S.

U.S. Federal and State Legislative Initiatives

U.S. Senate Introduces Genomic Data Protection ActFederal Congressional Comprehensive Data Privacy Working Group Issues Request for Information

U.S. National Cybersecurity Strategy

CISA Publishes International Guidance on Implementing Security-by-Design and Security-by-Default Principles for Software Manufacturers and Customers

UK Government

Five major changes to the regulation of cybersecurity in the UK under the Cyber Security and Resilience BillQuantum Computing: Developments in the UK and US

Uncategorized

CISA Releases Cybersecurity Performance Goals 2.0 for Critical InfrastructureEuropean Commission launches a call for evidence on the impact assessment for the forthcoming EU Quantum Act

United Kingdom

Roundup of Cross-Border Data Transfer DevelopmentsWhat to expect from the UK’s Cyber Security and Resilience Bill (and when)

United Kingdom

Five major changes to the regulation of cybersecurity in the UK under the Cyber Security and Resilience BillICO Fines Capita £14 Million Over 2023 Data Breach

United States

FTC Sets Aside Rytr Final Order Pursuant to White House AI Action PlanFTC Issues Warning Letters for Violations of Consumer Reviews Rule

White House

Trump Administration Issues AI Action Plan and Series of AI Executive OrdersWhite House Issues New Cybersecurity Executive Order

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