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Meet the Upcoming California Privacy Rights Act (CPRA)

California voters approved Proposition 24 on November 3, 2020, paving the way to the California Privacy Rights Act (CPRA). Nicknamed CCPA 2.0, the CPRA has been presented as an improved version of the California Consumer Privacy Act (CCPA), California’s current data protection law, which was adopted in 2018 in the most unusual circumstances. CPRA slightly […]

Privacy Shield after Schrems 2: What to Do Next?

Since the publication of the EU Court of Justice decision in the Schrems 2 case, many organizations that send or receive personal data of EU/EEA residents have been struggling to find reliable, viable means to ensure the continuity of the data flows emanating from the EU/EEA, and the privacy protections needed for this data. The guidance provided […]

EDPB Issues 12 FAQs but More Specific Guidance Needed

One week after the publication of the decision of the European Court of Justice in the Schrems 2 case,   the European Data Protection Board (EDPB), which is primarily comprised of representatives of the supervisory authorities of the EU Member States, has issued a first series of Frequently Asked Questions to help affected entities analyze, and react to, the EUCJ […]

European Court of Justice Schrems 2 Decision Creates Havoc in Global Digital Exchanges: Significant Challenges to Privacy Shield and Standard Contractual Clauses Users

For months, the global digital trade community has been awaiting the decision of the European Court of Justice (CJEU) in the “Schrems 2” case, a case that focused on conditions for the transfer of personal data from the European Union to the United States.  The details of the original complaint that was filed initially against Facebook […]

Digital Trade Provisions of NAFTA 2.0

“NAFTA 2.0” or the United States–Mexico–Canada Agreement (USMCA) enters into effect on July 1, 2020. The new regional agreement between the three North American powers takes into account the explosion of technology, networks and the Internet, and addresses international trade issues associated with the use and commercialization of computer programs, image, text, video, sound recording or other […]

Secure Cloud Computing: If it’s Your Data, it’s Ultimately Your Responsibility

Most cloud service providers have better resources than their customers to provide an adequate level of security. However, purchasing a subscription for cloud services is not equivalent to transferring all responsibilities to a third party. Whether the data is stored in the cloud or on a company’s network located in the company’s basement, the overall […]

Proposed Principles for Artificial Intelligence Published by the White House

A draft memorandum outlining a proposed Guidance on Regulation of Artificial Intelligence Application (“Memorandum“) for agencies to follow when regulating and taking non-regulatory actions affecting artificial intelligence was published by the White House on January 7, 2020. The proposed document addresses the objective identified in an Executive Order 13859 on Maintaining American Leadership in Artificial Intelligence, […]

Failure to Meet Data Retention and Data Minimization Obligations In Germany Results in a € 14.5 Million fine

The abundance of storage space and the increased pressure to keep interacting with current or former customers prompt businesses to collect large amounts of data, and retain as much of this data as possible, often well beyond actual useful period. Too often, businesses may not spend the time and resources necessary to periodically audit their […]

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