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Nick Merker

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In Brief On May 1, 2023, Governor Eric Holcomb’s signed Indiana’s Consumer Data Protection Act into law, making Indiana the seventh US state to pass comprehensive consumer data privacy law — joining California, Iowa, Utah, Connecticut, Virginia, and Colorado (Tennessee has since enacted a consumer privacy statute; and Montana and Texas have passed laws that are currently awaiting their respective governors’ signatures). The Consumer Data Protection Act closely tracks prevailing trends in US state privacy…

In brief Companies that export personal data out of China have roughly one month to adopt China’s Standard Contractual Clauses (“SCCs”) to comply with the Cyberspace Administration of China’s (“CAC”) deadline of June 1, 2023. As outlined in previous client alerts, the SCCs are one of three mechanisms in place for cross-border data transfers from mainland China to other jurisdictions. Many multinationals will be impacted by these requirements because Chinese employment data, which is…

In brief Critical infrastructure has been the focus of several recent US cyber readiness initiatives, although the results have left a patchwork of regulations that may be enforced differently across sectors and federal agencies. As an example, in March 2022, President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which will require critical infrastructure organizations to report cyber incidents and ransom payments to the US Cybersecurity and Infrastructure…

28 January 2023 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 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.…

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 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 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…

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…