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2021 Foresight: Key lessons from 2020 to help navigate the future of cybersecurity and data privacy

When it comes to privacy and cybersecurity, the uncertainty and volatility of 2020 will not soon relent — but neither will its invaluable lessons. In this article for Thomson Reuters, Partners Michael Bahar and Paula Barrett look back on the tumult of 2020 and reveal five key lessons to help manage the inevitable uncertainty and volatility going forward, and emerge stronger and more...

The ePrivacy Regulation

Europe’s movement to replace the 2002 ePrivacy Directive with a new ePrivacy Regulation picks up steam, signaling the potential need for US companies to add further privacy protections over electronic communications that may reach users in the EU.  What’s the significance? If agreed to, the ePrivacy Regulation will repeal the 2002 ePrivacy Directive and update existing...

US Cybersecurity and Data Privacy review and update: Looking back on our 2020 articles and planning ahead for 2021

2020 was a tumultuous year for privacy and cybersecurity, and further uncertainty is all but guaranteed. To help with an agile and holistic data strategy, it is worthwhile to heed the lessons of 2020. Trends of new and upcoming data laws suggest that adopting a high watermark approach to compliance will put companies in good position to stay in front of new obligations.An explosion of...

Taking a stand on standing in data breach cases

At the crossroads of the California Consumer Privacy Act and Article III standing: Plaintiffs continue to test the boundaries of the CCPA’s Private Right of Action for data breaches;Courts, however, are standing firm on Article III standing requirements;That said, the costs of data breaches are rising with increased litigation and regulatory risk, so to reduce the chances of a breach,...

Standard Contractual Clauses and EDPB Recommendations

The European Data Protection Board (EDPB), a collective of representatives from European data privacy regulators, published important recommendations on the Schrems II judgment, the seismic European decision that invalidated the EU-US Privacy Shield and called into question the continuing viability of personal data transfers from the EU and UK to third countries, particularly the...

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