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Lothar Determann

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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…

Many bold decisions were taken by TMT players in 2020 to protect their workforces and to ensure that they continue to be able to deliver technology, connectivity and digital transformation across sectors. Significant trends are now expected to impact the TMT industry in 2021. In the 2021 edition of TMT Looking Ahead, our industry expert lawyers identify key global trends, provide helpful insights and offer practical tips for TMT businesses in the following areas: Digital Transformation…

In the privacy world, there is no rest for the weary. In California, while most companies were just getting their programs running to address the California Consumer Privacy Act (“CCPA”), including some last minute changes to address the final version of the regulations issued in late fall 2020, the California Privacy Rights Act (“CPRA”) was officially certified on December 16, 2020 following voter approval in another privacy referendum in the November 2020 elections. CPRA sharpens…

Based on preliminary election results, Californians voted to enact the California Privacy Rights Act (“CPRA”), expanding and revising the California Consumer Privacy Act of 2018 (“CCPA”) effective January 1, 2023 with a one-year look-back to January 1, 2022 for some provisions. Companies around the world with business ties to California should start updating vendor contracts and prepare for new requirements under the statute and revised regulations to be issued by a new California Privacy Protection…

The rules for the new UK-EU relationship following Brexit will be fully implemented by 1 January 2021. With the deadline fast approaching, now is the time to discuss the status and likelihood of a deal, given its inevitable effects on TMT companies. In this episode of TMT Talk, Lothar Determann, Tony Haque, Alex Lumley, and Jessica Mutton offer their expert views on what the TMT industry can expect from Brexit from a trade, regulatory, employment and immigration perspective. https://open.spotify.com/episode/5BAyyAzeiqcgSr8VBflBWx

The US Department of Treasury issued the final CFIUS/FIRRMA regulations on its foreign investment on 13 January 2020, effective 13 February 2020. While it is far from the only country that has re-examined its stance on foreign direct investment, this move by one of the biggest economies worldwide has made a discussion on the topic timely, if not necessary. In this episode of TMT Talk, Lothar Determann, Anahita Thoms, and Rod Hunter share their views on the policies that…

**Originally published by Bloomberg Law.** On July 1, 2020 California’s attorney general started enforcing the California Consumer Privacy Act by sending letters to companies with requests to cure alleged violations, as contemplated by the CCPA. The legislation took effect on Jan. 1, 2020, as part of the California Civil Code, and called on the attorney general to enforce the law within six months of enacting regulations or July 1, 2020 the latest. The CCPA regulations…

On 16 July 2020, the European Court of Justice (“ECJ”) ruled that the EU Commission’s 2016 decision regarding the adequacy of data protection in the United States and the EU-US Privacy Shield (“Privacy Shield”)* are invalid. As a result, companies in the EU and United States relying on the Privacy Shield program are scrambling to determine the impact on their operations.  Many US companies grant share-based awards to employees of their subsidiaries in the EU…

TMT Talk continues to be your source of information on how COVID-19 has shaped the Technology, Media, and Telecoms industry. This episode focuses on how compliance has changed during the pandemic and what other developments to expect in the post-pandemic world. In this edition Lothar Determann, Jo Ludlam, and Widge Devaney share with us their views on the risks and challenges that the industry faces in terms of compliance, what tech companies can do to address them, and how…

The Court of Justice of the EU issued its judgment in Data Protection Commissioner v Facebook Ireland Limited, Maximilian Schrems on 16 July 2020. This decision has implications on the wider issue of regulation of international data transfers and, by extension, the tech industry. Our panel of experts, consisting of Lothar Determann, Elisabeth Dehareng and Brian Hengesbaugh, examines the intricacies of the ruling and what it means for the TMT sector. https://open.spotify.com/episode/79SqOrfWy9fICVqHE7myVx