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Lothar Determann

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**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…

Most companies consider cross-border data transfer restrictions under EU data protection laws a difficult compliance requirement, particularly since July 16, when the Court of Justice of the European Union ruled on the EU-U.S. Privacy Shield and standard contractual clauses. Additionally, companies that offer data-processing services are also facing a difficult sales topic, which commands urgent attention, particularly in the technology, media and telecommunications sectors. Click here to continue reading. Note: This is the seventh in…

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…

Privacy leaders are in the eye of a perfect storm. Influencers and influenced alike can benefit from situational awareness and recognizing different approaches commonly used by advisors. Data and Privacy in a Perfect Storm Some of today’s most successful and valuable businesses are relatively young and rose to the top based on innovative data processing and usage. Large, established enterprises watched in disbelief as their business models and markets became disrupted by companies barely 10…

Creating effective policy on cross-border data flows is a priority for any nation that critically depends on its interactions with the rest of the world through the free flow of capital, goods, knowledge and people. Now more than ever, cross-border data flows are key predicates for countries and regions that wish to compete in the Fourth Industrial Revolution and thrive in the post COVID-19 era. Despite this reality, we are witnessing a proliferation of policies…

On June 1, 2020, in a surprise, last-minute filing, the office of the California Attorney General submitted the final CCPA final California Consumer Privacy Act (CCPA) proposed regulations to the California Office of Administrative Law (OAL). What does this mean for businesses subject to the CCPA? Under normal circumstances, the OAL would have 30 days to review the proposed regulations for procedural compliance with California’s Administrative Procedure Act; however due to the COVID-19 pandemic, this timeframe…

In this episode, Brian welcomes back Lothar Determann, partner in our Palo Alto office, to cover the ins and outs of electronic signatures. Download and listen to learn: The benefits of using e-signature over traditional pen and paperExamples of areas of law where e-Signatures may not sufficePractical considerations to be made when choosing to execute a contract via e-signature https://open.spotify.com/episode/3W8oQACNHAorDCh1KdQfLL Related Resources Learning the E-Signature Essentials The Law of E-Signatures in US and Canada How…

In this episode of Connect On Tech, your host Brian Hengesbaugh is joined by Lothar Determann, a partner in Baker McKenzie’s Palo Alto office. Lothar and Brian discuss the finalization of the California Consumer Privacy Act. You can expect to hear: Lothar’s predictions for timing and substance of the final CCPA regulationsAspects of the draft regulation that may pose issues as standsPotential new privacy legislation to come from California in the future https://open.spotify.com/episode/6DgZ1KgqBwVLrnN3ex105Y Related Resources…

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…