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Data Protection Regulation

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On August 9, India’s Digital Personal Data Protection Bill, 2023 (“DPDP Bill”) passed both houses of the Indian Parliament and now awaits Presidential assent. In 2017, India’s Supreme Court mandated that privacy is a fundamental human right. Since that time, India has been working to pass data protection legislation. The DPDP Bill is India’s fifth draft of the bill. The DPDP Bill only applies to the processing of digital personal data in India, where the personal…

Washington state governor Jay Inslee signed the My Health, My Data Act (the Act) into law on April 27, 2023. Regulated entities are required to comply with most obligations from March 31, 2024 with small businesses being required to comply from June 30, 2024. Prohibitions on geofencing are operative already on July 23, 2023. The Act will be enforceable both by the Washington Attorney General’s Office and through a private right of action. Who is…

Companies around the world should start preparing for the Iowa Consumer Data Protection Act (Iowa Act) with respect to personal data of consumers in Iowa. With the Iowa Act, Iowa follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA), but excludes consumers acting in a commercial or employment context. Businesses that have implemented measures to comply with the CCPA and other US state privacy laws…

In brief The European Data Protection Board (EDPB) has begun the 2023 iteration of its annual coordinated enforcement action under the General Data Protection Regulation (GDPR). In coordination with twenty-six EDPB Supervisory Authorities (SAs), the EDPB will analyze the roles, tasks, resources, and positions of Data Protection Officers (DPOs) in public and private sector organizations. DPOs should expect to receive requests soon from Supervisory Authorities to respond to questionnaires intended to aid that analysis, describing…

The new Data Protection and Digital Information Bill (No. 2) (the “Bill”) has been widely publicised, particularly the government’s claimed saving to business of £4 billion over the next 10 years. The savings are to be achieved by removing barriers to “responsible innovation”. This article explores what that might mean from an HR and employment law perspective. Data Subject Access Requests (“DSARs”) Employees, like all data subjects, have the right to understand what data is processed…

Companies around the world have to comply with the Virginia Consumer Data Protection Act (VCDPA) with respect to personal data of consumers in Virginia. With the VCDPA, Virginia follows the California Consumer Privacy Act of 2018, as amended by the California Consumer Rights Act of 2020 (CCPA) but excludes employee and business representative data from its scope. Businesses that have implemented measures to comply with the CCPA can leverage some of their existing vendor contract terms, website…

On Tuesday, October 11, 2022, members of Baker McKenzie’s Global Data Privacy and Security Team, including Brian Hengesbaugh, Harry Valetk and Elizabeth Denham, presented at the Global Data Protection Program 2022 hosted by the Practising Law Institute. The program boasted an impressive line-up of data privacy experts from both government and industry to share practical insights. The half-day program was comprised of the following four segments: Introduction and Legislative Developments in Data Protection Laws Nuts and Bolts…

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…

As the rumors travel fast and some have mistakenly spread the news that the draft Personal Data Protection Decree (“PDPD”) was issued, here is a quick update on the recent developments regarding the approval process of the draft PDPD in Vietnam. By way of background, on 8 March 2022, the Vietnamese Government issued Resolution No. 27/NQ-CP (“Resolution 27”) on the Approval for the Dossier of the Draft PDPD. As assigned by the Government under Resolution…

On March 24, the Utah Consumer Privacy Act (UCPA) was signed into law. It will take effect on December 31, 2023. UCPA generally has a narrower scope of application than the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and the General Data Protection Regulation (GDPR). It has multiple threshold requirements for applicability, excludes Utah residents acting in an employment or commercial context from protection (like…