Author

Brian Hengesbaugh

Browsing

It’s difficult to believe that it has only been a short time since the Court of Justice of the European Union invalidated the European Commission adequacy finding for the EU-U.S. Privacy Shield on July 16, 2020. So much has changed. In this final note in the series, we provide seven predictions for the road ahead with “Schrems II” and global data transfers. Some of these may be more controversial than others, but here goes: 1.…

Brian Hengesbaugh is joined by Marcela Robledo, partner in Baker McKenzie’s San Francisco office, to discuss trends in technology transactions. Tune in to hear about: Diligence companies should perform on vendors prior to completing a transactionContractual provisions that can be implemented to mitigate riskTips on negotiating with vendors who aren’t keen to compromise https://open.spotify.com/episode/5OoJ50p39vqOre4DlLsM3J

The Court of Justice of the European Union issued its decision in “Schrems II” Thursday, a landmark decision that invalidates the EU-U.S. Privacy Shield arrangement. Until July 16, Privacy Shield had served as an approved “adequacy” mechanism to protect cross-border transfers of personal data from the European Union to the United States under the EU General Data Protection Regulation. More than 5,000 organizations participate in Privacy Shield. Many thousands more EU companies rely on Privacy…

The European Court of Justice (“ECJ”) issued a landmark ruling earlier today that invalidates the EU – US Privacy Shield Framework (“Privacy Shield”) in Case C-311/18 (“Schrems II”).

Digital assets vary. They can be a virtual currency that has no analog in the real world, and exists only on the blockchain used as a substitute for money. For this reason, virtual currencies are generally considered to be secure and offering a high degree of privacy. A recent decision from a US federal court of appeals, however, may cast a different light on this generally held view. USA v. Gratkowski In United States v.…

Launched on June 2, the French mobile tracing app for COVID-19, “StopCovid,” has been voluntarily downloaded by 1.9 million users within three weeks. On June 3, the French Data Protection Authority (the CNIL) published its second opinion on StopCovid, relating to the implementation of the app and the related Executive Decree No. 2020-650 and to the Government’s data protection impact assessment. Following its first opinion of April 24, on the principle of the use of a…

On May 1, 2020, the Province of Alberta launched ABTraceTogether, an Android and iOS compatible contact tracing app users voluntarily download for tracing and notifying users who may have been exposed to COVID-19. ABTraceTogether is used by Alberta Health and Alberta Health Services (AHS) to supplement manual contact tracing completed by public health officials. ABTraceTogether was announced just prior to the issuance in May 2020 of joint guidance by the federal and provincial privacy commissioners…

For those privacy buffs following the status of the California Privacy Rights Act ballot initiative (CPRA), today is the much-anticipated deadline to officially decide whether the CPRA will qualify for the Fall 2020 ballot in November. The final answer? Yes, it will. Background CPRA (which was introduced by the Californians for Consumer Privacy in January 2020) is a ballot initiative that would both expand the scope of the existing California Consumer Privacy Act (CCPA) and…

Brazil’s government has decided to postpone the effective date of its new comprehensive data protection law. On June 12, 2020, the Brazilian government published Law No. 14,010/20, which postpones the effective date of articles 52, 53, and 54 of the Brazilian General Data Protection Law (LGPD) to August 1, 2021. Those articles establish administrative sanctions that may be applied by the Brazilian Data Protection Authority (ANPD) for LGPD violations. Background and Effect of Brazilian General…

Brian Hengesbaugh is joined by Ben Slinn (Associate, London) and Brandon Moseberry (Partner, Chicago) to discuss developments around Children’s data in the United Kingdom and United States. Tune in to hear: Overview of the final version of the UK ICO’s Age-Appropriate Design Code of Practice for Online ServicesThings companies should do now to address the new codeGeneral guidelines to follow in the US in regards to children’s data https://open.spotify.com/episode/2qsEEttIZxAZmcsXWg7Ka6 Related Resources UK ICO Age Appropriate…