Author

Amy de La Lama

Browsing

On March 11, 2020, the California Attorney General released another set of revisions to the California Consumer Privacy Act (CCPA) draft implementing regulations. The regulations are not yet finalized (a public comment period for this most recent version is open until March 27, 2020), but below we highlight key changes and takeaways for businesses under the latest version of the regulations. Note that this round of revisions to the regulations largely consist of updates to…

In response to the COVID-19 global pandemic, on March 17, 2020, the Office of Civil Rights (OCR) at the US Department of Health and Human Services (HHS), the agency charged with enforcing the Health Insurance Portability and Accountability Act of 1996 (HIPAA), issued the Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (“Guidance”). On March 20, OCR issued supplemental guidance on provision of telehealth services in the form…

With the advent of the novel coronavirus COVID-19, many organizations around the world are undergoing a seismic shift on an accelerated timeline towards telework or remote working for some or all employees. In addition to ensuring that the networks, VPNs, and other IT resources are capable of supporting such a shift, organizations that have not built such teleworking into their disaster preparedness plans should be aware of, and take steps to mitigate, the cybersecurity and…

Many employers in the US are grappling with appropriate efforts to contain and protect the workforce against COVID-19. Those efforts include employee and visitor screening activities that range from requiring all personnel to provide an affirmation upon admission to a worksite to taking vital signs or other hands-on screenings. But are those screening activities lawful under applicable privacy and confidentiality laws in the US? And what should employers do when they have reason to suspect…

On February 7, 2020, the California Attorney General released its revised draft implementing regulations for the California Consumer Privacy Act. The revised regulations are not yet final. The California AG will accept written comments regarding the updated regulations until 5:00 pm (PST) on Tuesday, February 25, 2020. The following is a high-level overview of the key new requirements under the updated regulations that are important for businesses to consider in connection with their CCPA compliance…

Along with changes brought by the CCPA, companies should be aware of other important privacy developments that went into effect in early 2020.  Notable changes to data breach notification laws in California, Illinois, Oregon, and Texas promise to have a significant impact on businesses experiencing security incidents and signal a movement towards stricter and more demanding requirements in this space.    California Amends Definition of Personal Information for Breach Notification         The definition of personal information…

With the world’s attention on the California Consumer Privacy Act (CCPA), it’s easy to overlook the privacy storm that is brewing throughout the rest of the country. As of February 10th, eleven other states (in addition to California and Nevada) have either released new or revived old data privacy and protection bills that did not pass during last year’s legislative sessions. Although the status of the majority of these bills is uncertain – as many…

The European Union’s highest court, the Court of Justice of the European Union (CJEU), is evaluating the legitimacy of the EU standard contractual clauses (SCC). SCCs have been the bedrock of cross-border personal data transfers outside the EU for many years. Today, the advocate general (a.g.) has rendered an opinion on the Schrems II case. By way of brief background, Schrems II is a case before the Court of Justice of the European Union (CJEU)…

The requirements of the California Consumer Privacy Act enter into force 1 January 2020, and impose an array of requirements on companies that are subject to the law. Among them are obligations related to the sharing of “personal information” [Section 1798.140(o)] that obligate businesses to push down contractual limitations on service providers and other recipients of personal information and to offer California “consumers” [Section 1798.140(g)] the right to opt out of disclosures that qualify as…

In 2018, California enacted the California Consumer Privacy Act (“CCPA”), the first state-level “omnibus” privacy law, which imposes broad obligations on businesses to provide state residents with transparency and control of their personal data. This year, Maine and Nevada have followed suit and passed legislation focused on consumer privacy, and Pennsylvania has a consumer privacy bill currently under legislative review. Other states in which US companies do business saw similar legislation, such as Hawaii, Illinois,…