Today, October 7, 2022, President Joe Biden signed an executive order implementing a new privacy framework for data being shared between Europe and the United States. The new framework is called the “Trans-Atlantic Data Privacy Framework,” and it will (hopefully) serve to replace the prior framework, known as “Privacy Shield”, which was struck down by
In July 2020, the Schrems II decision issued and the European Commission’s adequacy decision for the EU-US Privacy Shield Framework was invalidated. Further, and broader than the invalidation of Privacy Shield adequacy decision, the Schrems II judgement found that US surveillance measures interfered with what are considered “fundamental rights” under EU law, i.e., the rights
On Friday, January 28, 2022, the California Office of Attorney General issued a press release announcing that California DOJ sent notices alleging non-compliance with the California Consumer Privacy Act (CCPA) to a number of businesses operating loyalty programs in California. The press release stated, inter alia:
“Under the CCPA, businesses that offer financial incentives,
It has been nearly a year and a half since the Schrems II decision issued in July 2020, which invalidated the European Commission’s adequacy decision for the EU-US Privacy Shield Framework. As a result, companies were forced to reexamine their transfers of personal information out of the EU, and the safeguards that they rely on
France recently fined Alphabet Inc’s Google $169 million and Meta Platform’s Facebook $67 million on grounds that the companies violated the EU e-Privacy directive (aka the EU “Cookie Law”) by requiring too many “clicks” for users to reject cookies. The result was that many users just accepted the cookies, thus allowing the identifiers to track
Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The VCDPA will take effect on January 1, 2023, which is also the same day the California Privacy Rights Act (CPRA), an act to
In December 2020, Apple started requiring Apps to display mandatory labels that provide a graphic, easy-to-digest version of their privacy policies. They are being called “privacy nutrition labels,” presumably a reference to the mandatory FDA-required “Nutrition Facts” labels that have appeared on food since 1990. Below I offer ten thoughts related to these new labelling
A recent article from CNN reported on SpaceX and Amazon sparring over their competing satellite-based internet business. The article reports that at the center of the dispute is “a recent attempt by SpaceX to modify its license for Starlink, a massive constellation of internet satellites, of which SpaceX has already launched more than 900.” SpaceX
Facebook, the parent company to WhatsApp, is reporting near-record low revenue growth. Thus, presumably in an effort to monetize WhatsApp more heavily, WhatsApp recently announced changes to its privacy policy: as of February 8, 2021, all WhatsApp users (except those that live in Europe) must agree to share their data with Facebook. If users do
Just before the Christmas holidays, the Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) issued proposed rulemaking entitled “Requirements for Certain Transactions Involving Convertible Virtual Currency or Digital Assets.” The proposed regulations seek to “require banks and money service businesses (“MSBs”) to submit reports, keep records, and verify the identity of customers in relation