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The state of US data privacy and cybersecurity laws in 2019

US data privacy and cybersecurity laws developed rapidly in 2019, especially in California, New York, Nevada and Massachusetts. While there are ongoing efforts to pass a federal privacy law, states are leading the way. Learn more.

Update: Advocate General advises that the validity of standard contractual clauses is not affected by complaints made in Schrems II

On Thursday 19 December, Advocate General Saugmandsgaard Øe published his Opinion in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). The Opinion is not binding, however it provides us with a strong indication as to what the Court of Justice of the European Union’s (“CJEU”) judgment will be. Learn...

FTC effectively shuts down Utah company’s operations pending compliance with mandated data security plan

On November 12, 2019, the FTC announced that InfoTrax, a Utah technology company, agreed to implement an overhauled data security program as part of a 20-year consent agreement in the wake of a hack to the company’s network. InfoTrax is prohibited from collecting, selling, sharing, or storing personal information pending the overhaul of security operations—temporarily shutting down the...

The CLOUD Act – A cross-border data access agreement rises from the fog

The UK and the US inch closer toward easier access to certain electronic data from technology companies. It’s the first agreement of its kind under the Clarifying Lawful Overseas Use of Data Act. The US is in formal talks with Australia to enter into a similar agreement. The agreements are controversial given concerns over data privacy rights. Learn more....

Your quarterly privacy and cybersecurity update

Welcome to the fifth edition of Updata! Updata is an international update report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team. Within, we provide you with a compilation of key privacy and cybersecurity regulatory and legal developments from the past quarter. This edition covers July to September 2019 and is packed full of interesting news items from our...

Dangerous seas ahead – the California Consumer Privacy Act and litigation risk

The California Consumer Privacy Act (CCPA) exposes companies doing business in California to certain litigation risks. The CCPA creates a private right of action that increases class action litigation risk for data breaches. Plaintiffs might try to use California’s Unfair Competition Law (UCL) to expand the scope of the CCPA’s private right of action. Businesses can proactively engage...

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