(This blog post summarizes Wim Nauwelaerts’ (Alston & Bird), Early EDPB Guidance in the Wake of Schrems II – Where E.U.-U.S. Data Transfers Are Headed, Cybersecurity Law Report, Aug. 5, 2020) On July 23, 2020, the European Data Protection Board (EDPB) adopted its first set of guidelines on the Schrems II judgment of the Court […]
Legislation
Schrems 2.0: CJEU invalidates EU-US Privacy Shield and emphasizes exporter obligations when using Standard Contractual Clauses
Executive Summary Today, the Court of Justice of the European Union (‘CJEU’) handed down its long-awaited judgment in the ‘Schrems 2.0’ case (Facebook Ireland and Schrems (Case C-311/18)), about the validity of two means of legitimizing transfers of personal data outside the EEA under the EU General Data Protection Regulation (‘GDPR’)[1]. In somewhat of a […]
California Amends Bill to Extend Exemptions for Employment and Business-to-Business Information under the CCPA
Even as enforcement of the California Consumer Privacy Act (the “CCPA”) begins, there is uncertainty as to whether and when employment information and business-to-business data will become fully subject to the CCPA. On Thursday, June 25, the California state Senate amended Assembly Bill 1281 (“AB 1281”) to extend until January 1, 2022 exemptions from the […]
California Privacy Rights Act (CPRA) Will be on November Ballot
The California Secretary of State has announced that the California Privacy Rights Act (CPRA) will be on California’s November 3, 2020 ballot. If approved by California voters, the CPRA would significantly update and amend the California Consumer Privacy Act (CCPA) that went into effect at the beginning of this year. The organization that submitted the […]
The FTC Expands its FCRA Enforcement Activity In Action Against Retailer
Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information. However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light. This provision—codified […]