New Jersey is the 13th US State to Pass Comprehensive Consumer Privacy Legislation Consistent with our prediction that 2024 will bring a significant crop of new state consumer privacy laws, the New Jersey legislature recently became the 13th state to pass a comprehensive privacy statute. On January 8—the final day of its 2022-2023 legislative session—the Senate passed bill S332. Once enacted—either with Governor Phil Murphy signing the bill or after 45 days if he takes…
In the classic movie “The Wizard of Oz,” Dorothy, Scarecrow and Tinman walk through the forest while expressing great concern about the “lions and tigers and bears, oh my!” they may face on their journey to Oz. Companies experiencing global ransomware and cyberattacks can experience similar emotions as they grapple with increasingly complex global legal risks. Across the globe, local legislatures and regulatory authorities have established a multitude of different and sometimes conflicting legal obligations…
On December 21, 2023 the Federal Communications Commission (FCC) issued updates to its Data Breach Notification Rule, which applies to telecommunications carriers, as well as to voice over internet protocol (VoIP) and telecommunications relay service (TRS) providers. The updated Data Breach Notification Rule marks the most significant changes to the Rule since its adoption 16 years ago and modernizes the FCC requirements by bringing them more closely in line with other breach reporting obligations. The…
This past year brought the rapid rise of ChatGPT and other generative AI platforms, accompanied by several noteworthy legal and regulatory developments. 2024 promises to continue with technology advances, making it a pivotal year for businesses navigating global data privacy and cybersecurity risks. Our Baker McKenzie Top 10 predictions for 2024 follow. AI-enhanced cyber threats will increase globally. Threat actors will continue to leverage AI for increasingly sophisticated attacks, exploiting new technologies to enable highly-personalized…
The California Privacy Protection Agency (“CPPA”) held a public board meeting on December 8, 2023. As discussed in our previous article, the CPPA is in the process of preparing Draft Regulations on Cybersecurity Audits, Risk Assessments and Automated Decision-Making Technology. The Rules Subcommittee provided updates on these regulations, and Board members provided their feedback on the drafts. Key Takeaways Regarding CCPA Cybersecurity Audit Regulations The Cybersecurity Audit Regulations would require businesses “whose processing of consumers’…
If your organization does business across the U.S. and collects consumer health data (broadly defined, health inferences generated from non-health data count), compliance with U.S. state consumer health privacy laws is just around the corner. Consumer health privacy laws in Nevada (Senate Bill 370) and Washington (the My Health My Data Act) become fully operative for regulated entities on March 31, 2024. Requirements specific to consumer health data are already operative in Connecticut. Here are…
In brief On October 8, 2023, California Governor Gavin Newsom signed two bills into law amending the California Consumer Privacy Act (CCPA). AB 947 classifies citizenship and immigration status as “sensitive personal information” subject to special protections under the CCPA, while AB 1194 strengthens reproductive privacy rights. Both bills carried the unanimous endorsement of the California Privacy Protection Agency. Details for each bill are described below followed by actionable guidance businesses can take to prepare…
If you are a data broker or a business that relies on data brokers for targeted advertising, you should be aware that the California Data Broker Law will be significantly changed under the California Delete Act On October 10, 2023, California Governor, Gavin Newsom, signed Senate Bill 362, referred to as the Delete Act, into law. The Delete Act amends existing data broker laws to subject all data brokers to new registration and disclosure requirements…
In Brief On September 29, 2023, China’s primary data protection regulator, the Cyberspace Administration of China (“CAC”), proposed new rules for cross-border data transfers from China (the “Draft Rules”). If implemented as written, the Draft Rules, which are currently subject to public comment through mid-October, will significantly roll back requirements for many US and multinational organizations. There is no specific deadline for adoption, but it is expected prior to November 30, 2023, which is the…
*Article originally posted on Law.com authored by Cassandre Coyer at LegalTech News.* This summer marked a key development in the history of data transfers between the U.S. and European Union when the European Commission adopted its adequacy decision for the EU-U.S. Data Privacy Framework after two prior invalidated agreements. But whether that milestone is translating to a wave of companies registering to get certified under the new framework is less apparent. Given the looming possibility of a Schrems…