In 2021 businesses should focus efforts on data privacy. California has been most active, passing the California Privacy Rights Act (“CPRA”), which goes into effect on January 1, 2023. Earlier this year, we analyzed the CPRA which will expand and modify the current California Consumer Privacy Act (“CCPA”). Companies doing business in California should first evaluate whether they are “covered…
Recently, California Governor Newsom signed two bills into law that would amend the California Consumer Privacy Act (“CCPA”) by further altering the extensive data privacy legislation which went into effect earlier this year. The first, AB-1281, extends the employment and business-to-business (“B2B”) exemptions to the CCPA for an additional year until January 1, 2022. The second, AB-713, creates…
In the first two installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II case…
In the first couple installments in this blog series, we introduced standard contractual clauses (“SCCs”) and briefed the main U.S. surveillance legal considerations SCCs require in light of the Schrems II case, being Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) and Executive Order 12333 (“EO 12333”). The Court of Justice of the European Union (the “CJEU”) in the Schrems II…
Bloggers, social media influencers, and other online content creators may now to take advantage of a new group copyright registration option for short online works such as blog entries, social media posts, and other short online works. The Copyright Office recently adopted a new rule implementing group registration to assist copyright registration for high volume or daily content creators.…
As discussed in the first installment in this blog series, the Schrems II case gave new significance to the use of standard contractual clauses (“SCCs”) for personal data transfers from EU countries to countries outside of the European Union (the “EU”) or the European Economic Area, including the United States. However, the “adequacy” of the appropriate safeguards in SCCs depends heavily on the…
The Schrems II case has had substantial impact on personal data transfers from the European Union (the “EU”) to the United States. As Jackson Kelly explained previously, the Schrems II case: 1) upheld the validity of standard contractual clauses (“SCCs”) for the transfer of personal data to recipients established in third countries; but 2) invalidated the adequacy of the protection provided by…
On September 18, the U.S. Commerce Department announced that it had banned Chinese-owned mobile apps WeChat and TikTok from U.S. app stores. WeChat is a social messaging app used for mobile payments and transfer of funds owned by Chinese multinational, Tencent Holdings. Department of Commerce Secretary, Wilbur Ross, announced that both apps and their app updates would no longer be distributed in…
In a landmark decision affecting international data transfers from the European Union (the “EU”) to the United States, the Court of Justice of the European Union (in essence, the European Union’s Supreme Court) (the “CJEU”) in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (the “Schrems II” case): 1) upheld the validity of standard contractual…
Throughout this blog series we have communicated that the global COVID-19 pandemic has not halted compliance for two major regulatory provisions affecting hundreds of thousands of businesses – The California Consumer Privacy Act (the “CCPA”) and the Cybersecurity Maturity Model Certification (the “CMMC”). In this final blog post of the series, we will delve deeper into how your organization can…
On June 28, 2018, the California legislature passed the California Consumer Privacy Act (“CCPA”), which went into effect on January 1, 2020. Enforcement of the CCPA will begin on July 1, 2020, which gives companies a grace period to ensure compliance with the new law, a task that has caused concern with these companies. However, compliance with the CCPA may look different in the near future.…
In March, the U.S. Federal District Court for the Southern District of New York decided Solid Oak Sketches, LLC v. 2K Games, Inc.1, a dispute revolving around the use of tattoos on the players in a videogame. In the case, Solid Oak Sketches, LLC (“Solid Oak”), a tattoo designer and licensing company, alleged that videogame and software developers, 2K Games, Inc. and Take-Two Interactive Software…
