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China Releases Updated Regulations on Permits Needed for Transferring Data out of China

On March 22, 2024, the Cyberspace Administration of China (CAC) published the Regulations on Promoting and Regulating Cross-border Data Flow (the “Regulations”), effective immediately. The Regulations supplement China data...more

White House Executive Order to Regulate Transactions Involving Sensitive Personal Data of Americans

The White House announced that President Biden will sign an executive order designed to protect sensitive data of U.S. persons from exploitation by identified countries of concern.  This executive order is expected to be...more

EU’s Highest Court Issues Major AI Decision With Wide-Reaching Impact

On 7 December 2023, the Court of Justice of the European Union (CJEU) issued an important decision on how the GDPR governs AI-assisted decisions. The case arose in the financial services context, with the court holding that...more

Colorado AG Publishes Shortlist of Universal Opt-Out Mechanisms

On November 21, 2023, the Colorado Attorney General (the “AG”) published a shortlist of potential universal opt-out mechanisms (“UOOMs”) that the AG is considering recognizing as binding under the Colorado Privacy Act (the...more

FTC Launches Investigation into Creator of ChatGPT

In mid-July, the Federal Trade Commission (FTC) reportedly opened an investigation into OpenAI, the maker of ChatGPT, sending the company an extensive Civil Investigative Demand (CID). While FTC investigations are normally...more

HHS and FTC Fire a Warning Shot at Healthcare Companies Using Online Tracking Technologies

On July 20, 2023, the Office for Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“HHS”), and the Federal Trade Commission (“FTC”) published a joint letter sent to approximately 130 hospital systems...more

Help! My Business Wants to Start Using ChatGPT!

Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar “generative AI” tools in their operations. These requests can be urgent, with business clients demanding...more

AI Regulation in the U.S.: What’s Coming, and What Companies Need to Do in 2023

Artificial intelligence (AI) is expanding into more industries (often in surprising ways) and has inevitably caught the attention of federal and state regulators. Our Privacy, Cyber & Data Strategy Team summarizes the...more

Germany’s Cyber Threat Landscape – Top 3 Lessons from the BKA Situation Report

Germany boasts one of the world’s largest, most sophisticated, and international economies. Companies doing business in Germany are thus an increasingly relevant target for cyberattacks....more

Swiss Data Protection Regulator Is Latest to Outline Framework for Transferring Data to the SEC

Entities registered with the U.S. Securities & Exchange Commission (SEC) must maintain certain books and records and can be subject to the SEC’s examination, inspection, and enforcement authority. Responding to SEC requests...more

EU DPAs Announce Post-Schrems Enforcement Plans

The European Court of Justice (ECJ) issued its much-anticipated decision in the Schrems II case.  As we analyze in detail in an earlier blog post, the ECJ’s decision invalidates Privacy Shield while leaving Standard...more

California AG Publishes Final CCPA Regulations, Seeks Possible July 1 Effective Date

Since the California Consumer Privacy Act (CCPA) entered into force on January 1, 2020, many companies have been closely following the development of CCPA Regulations by the California Attorney General’s Office (AG’s Office)....more

California Attorney General Issues Second Round of Modifications to CCPA Regulations

At approximately 6:00 p.m. today, March 11, 2020, California Attorney General Xavier Becerra announced a second round of modifications to the draft regulations his office is preparing for the California Consumer Privacy Act...more

The Updated CCPA Regulations: 30 Potentially Material Business Impacts

California Attorney General Xavier Becerra has released updated regulations to the California Consumer Privacy Act (CCPA) that contain a number of material modifications to the initial CCPA regulations released in October...more

The Draft CCPA Regulations: 21 Potentially Significant Business Impacts

Our Privacy & Data Security Team summarizes the portions of California’s proposed regulations for the California Consumer Privacy Act (CCPA) that are likely of material interest to companies across industries and highlights...more

FashionID: Another Big ECJ Facebook Case with Implications for the Entire Ad-Supported Internet

On July 29, 2019, the European Court of Justice (“ECJ”) issued its decision in the case of FashionID GmbH & Co. KG v. Verbraucherzentrale NRW.  The ECJ found that websites that integrate Facebook plugins are jointly...more

Google-Style GDPR Fines for Everyone? Bavarian DPA Conducts Website Cookie Practices Sweep, Announces Fines under Consideration

As has been widely reported, in late January the French privacy supervisor CNIL fined Google €50 million for privacy violations relating to targeted marketing using Android user data. One of the core violations the CNIL...more

German DPA Announces GDPR Compliance Survey of Large Companies – Translation Provided

Following a two-year grace period, EU General Data Protection Regulation (GDPR) entered into force on May 25, 2018. For many companies, preparing for the GDPR was a multi-year project involving multiple teams and input or...more

German DPAs Issue DPIA Blacklists; Many Companies Likely to be Affected

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

On GDPR Day, Austrian DPA issues First Binding DPIA Whitelist

The GDPR entered into force on May 25, 2018. One of the GDPR’s core going-forward obligations is the duty to conduct Data Protection Impact Assessments (DPIAs) over processing activities that create a “high risk” to...more

Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities

On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the...more

German DPAs Publish Model GDPR Processing Records – Translations Provided

In just under 100 days, the EU General Data Protection Regulation (GDPR) enters into force. One of the major changes the GDPR introduces is a duty for in-scope controllers and processors to maintain written records of their...more

100 Days Until GDPR Effective Date – Sharing Our GDPR Experience

In less than 100 days, the General Data Protection Regulation (GDPR) will go into effect. This means that as of May 25, 2018, each national Supervisory Authority will have the authority to apply and enforce the GDPR....more

ePrivacy Regulation Trilogue Negotiations Pushed Back to Fall 2018; Final ePrivacy Regulation May Not Be in Place until 2020

About this time last January, the European Parliament released its proposal for a new ePrivacy Regulation. The intent of the ePrivacy Regulation is to replace the current ePrivacy regime – which consists of an ePrivacy...more

Alston & Bird Publishes Five-Part Series on Germany’s GDPR Implementation Statute

Last year, Germany became the first EU member state to pass legislation implementing the EU’s General Data Protection Regulation (GDPR). For companies, national GDPR implementing legislation can be significant....more

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