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Cristina Messerschmidt

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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…

After years of legislative debate, Congress passed a new law requiring key businesses to report certain data breaches—or “covered incidents”—to the government. Signed by President Biden on March 15, 2022, the law, part of the Strengthening American Cybersecurity Act, requires companies that operate critical infrastructure—financial institutions, utilities, and other organizations—to share information with the Cybersecurity and Infrastructure Security Agency (CISA) about certain cybersecurity incidents within 72 hours and ransomware payments to cyber criminals within 24…

Friday 28 January 2022 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108. To mark Data Protection Day 2022, our Global Data Privacy and Security Team have provided a roundup of key trends and developments across the globe from a data protection perspective as well as looking ahead to what to expect in 2022. There are new laws and developments to keep…

A flaw in a widely used software threatens system security and makes companies vulnerable to cyber threats. The Apache Software Foundation released an advisory that Apache Log4j versions up to and including 2.14.1 has a defect that may allow threat actors to execute arbitrary code and deploy viruses including ransomware on that IT infrastructure. Entities that directly or indirectly leverage this software should act with haste to mitigate the risk of a data incident. These…

The new standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and standard contractual clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”) issued by the European Commission provide for, both, chances and challenges for EU service providers supporting EU and non-EU customers, some of which are outlined below. 1. When do the Ex-EU SCCs apply? EU service providers supporting non-EU customers might want to enter into the new Ex-EU SCCs with…

The European Commission (“EC”) recently issued a set of standard contractual clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). The Intra-EU SCCs accompany a wider set of clauses issued for extra-EU/EEA personal data transfers (“Extra-EU SCCs”), covering transfers between different types of data processing actors (processors, controllers, sub-processors etc.). Both of them were published in the Official Journal of the European Union on June 7, 2021. The clauses for intra-EU data processing arrangements…

The European Commission (“EC”) recently issued its revised standard contractual clauses for data transfers to third countries (“Ex-EU SCCs”) and a companion set of standard clauses for controllers and processors in the EU/EEA (“Intra-EU SCCs”). Both are now published in the Official Journal. The following is an introduction to the core elements of the Ex-EU SCCs and a brief overview of the Intra-EU SCCs. Legal Context The Ex-EU SCCs are a mechanism that companies can…

The roller coaster of comprehensive state data privacy laws continues in earnest.  California has now double dipped: first with the California Consumer Privacy Act (CCPA) and second with the California Privacy Rights Act (CPRA).  With all eyes on New York, Washington State, and other potential early movers for more state legislation, Virginia has surprised the nation by coming out very quickly with its own version of comprehensive privacy law, which Governor Ralph Northam signed into…

In this Mobility Minute, immigration attorney Matthew Gorman and data privacy attorney Cristina Messerschmidt team up to examine the issue of data privacy, or lack thereof, at US ports of entry, including international airports. We will review a recent court decision that appears to further minimize protections for travelers entering the United States, as well as consider what can be done to protect sensitive data, if anything, and how a potential COVID vaccination chip and…

Florida’s governor, Ron DeSantis, and the speaker of the state’s house of representatives, Chris Sprowls, each recently highlighted proposed new privacy legislation in Florida that resembles the California Consumer Privacy Act (CCPA). This has landscape-changing potential, as House Bill 969 is the first CCPA-like proposal endorsed by a Republican governor. The bill the governor and speaker lauded was filed on February 15th, and if passed would become effective on January 1, 2022. Application/Exceptions House Bill…