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In Data Privacy

European Commission Moves Towards U.S. Adequacy Decision for Data Transfers

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On December 13, the European Commission (“EC”) announced a draft decision on the adequacy of the U.S data protection regime to protect the personal data of European Union (“EU”) residents, the EU-U.S. Data Privacy Framework (“DPF”). The DPF, which was initially announced in March 2022 as a political agreement between the EU and the U.S., and then bolstered by President Biden’s Executive Order (“EO”) in October 2022, opens the door for an EU-U.S. data transfer…

In Podcast

A Piece of the Privacy Puzzle: Getting a Handle on Biometrics

by and 1 Min Read

In this episode, Brian Hengesbaugh, Chair of Global Privacy and Security, is joined by Rachel Ehlers, Privacy and Cybersecurity partner based in Texas, as they discuss the heightened focus on biometrics and key data privacy issues surrounding this prevalent technology. Listen in to hear about: an overview of the key laws that govern biometric dataenforcement and litigation trends in this spaceconsiderations for in-house attorneys with regard to biometrics in the context of their privacy and…

In Podcast

Podcast Episode: Data and IP – Risk and Reward in M&A

by and 1 Min Read

In this episode, Brian Hengesbaugh, Global Chair of Privacy and Security, is joined by Cynthia Cole, IP, Data and Technology partner based in Palo Alto, as they discuss top-of-mind issues for global companies with respect to data and IP risk and reward in M&A. As a former CEO and General Counsel, Cynthia has extensive experience in a wide variety of complex technology and IP alliances and transactions, and offers her unique perspective on key issues…

In California Privacy Law

California Privacy Agency Releases Modified Proposed Regulations

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This week, the California Privacy Protection Agency (“CPPA”) released modified proposed regulations (“Modified Regulations”) for compliance with the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), and an explanation of the proposed changes, ahead of its upcoming Board Meetings. It is expected that the CPPA will discuss, and possibly adopt or modify further, the Modified Regulations during the CPPA Board Meetings which are scheduled for October 21-22 and October 28-29, 2022.…

In Data Privacy

Global Data Protection 2022 presented by the Practising Law Institute (PLI)

by , and 1 Min Read

On Tuesday, October 11, 2022, members of Baker McKenzie’s Global Data Privacy and Security Team, including Brian Hengesbaugh, Harry Valetk and Elizabeth Denham, presented at the Global Data Protection Program 2022 hosted by the Practising Law Institute. The program boasted an impressive line-up of data privacy experts from both government and industry to share practical insights. The half-day program was comprised of the following four segments: Introduction and Legislative Developments in Data Protection Laws Nuts and Bolts…

In Data Privacy

Critical Steps for Increased Legal Certainty for EU to U.S. Personal Data Flows

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In March 2022, U.S. and EU leaders reached an agreement in principle on a new accord to protect data flows entitled the Trans-Atlantic Data Privacy Framework (“EU-U.S. DPF”).  Today, the US Government has taken important steps to implement this critical data flow framework, and strengthen legal certainty for EU to US personal data transfers.   First, President Biden signed an Executive Order on “Enhancing Safeguards for United States Signals Intelligence Activities” (“EO”). The EO enhances privacy…

In Data Privacy

CCPA/CPRA grace period for HR and B2B ends Jan. 1

by and 9 Mins Read

*Article originally posted on IAPP.org* On Aug. 31, hopes were dashed when the California legislative session ended without enacting Assembly Bill 1102. The bill would have extended grace periods for certain business-to-business and human resources personal information under the California Consumer Privacy Act as amended by the California Privacy Rights Act. CCPA/CPRA will become fully operational on Jan. 1, 2023, for B2B and HR personal information and will be subject to the same rigorous California privacy regulations…

In California Privacy Law

United States: How to comply with CCPA while the new Agency revises Regulations

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In brief The California Privacy Rights Act of 2020 (CPRA) amended the California Consumer Privacy Act of 2018 (CCPA) with most changes taking effect on 1 January 2023 with a twelve-month look-back. Limited exceptions concerning the personal data of employees and business contacts will expire. The new California Privacy Protection Agency (CPPA) has published draft regulations that will, once finalized, expand on the rules in the statute and existing regulations from the California Attorney General. The CPPA is…

In Data Privacy

First Look: California Privacy Protection Agency Publishes Draft Regulations

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In advance of its June 8 public board meeting, the California Privacy Protection Agency (“CPPA”) has released draft regulations intended to implement and interpret new requirements under the California Privacy Rights Act (“CPRA”).  In addition to codifying the new obligations under the CPRA (e.g., the right to correct, right to opt out of “sharing”), the Draft Regs include helpful illustrative examples and also provide details regarding certain new obligations, which we’ve summarized below. Key Takeaways…

In Cybersecurity

Podcast Episode: Strengthening American Cybersecurity Act – What You Need to Know

by and 1 Min Read

In this episode, Brian Hengesbaugh, Global Chair of Data Privacy and Security, is joined by Stephen Reynolds, partner in Chicago, as they discuss the Strengthening American Cybersecurity Act, a law recently signed by President Biden, which requires key businesses to report certain ransomware incidents to the Cybersecurity and Infrastructure Security Agency (CISA). Listen in to hear about: An overview of the new law, including key elements such as mandatory reporting requirements, timelines and which “critical…

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