data privacy

How Corporate Disclosures and Consumer Privacy Laws May Conflict

By Megan W. Shaner November 19, 2024 by renholding

The modern economy is fueled by personal data. Described as the “new gold” or “new oil” of today’s digital economy, data are being monitored, collected, and analyzed by public and private entities for strategic and economic value. Coupled with artificial …

Ropes & Gray Discusses U.S. Law Restricting Flow of Sensitive Data to China, Other Adversaries

By David Peloquin, Fran Faircloth, Edward McNicholas and Jake Barr May 2, 2024 by renholding

On April 24, President Biden signed a sweeping foreign aid bill into law, which included a critical provision covering privacy and data transfers known as the Protecting Americans’ Data from Foreign Adversaries Act (“PADFA”). This Act is separate from the …

Kirkland Discusses Prospect of Comprehensive Nationwide Privacy Legislation

By Olivia Adendorff, P.C., Richard Cunningham, P.C., Lucie Duvall, Christopher Leach and Andrea deLorimier April 29, 2024 by renholding

In the latest effort to enact a federal privacy law, Senator Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science and Transportation, and Representative Cathy McMorris Rodgers (R-WA), Chair of the House Committee on Energy and Commerce, recently …

Is Regulating AI an Impossible Task?

By Georges Ugeux November 8, 2023 by renholding

To regulate artificial intelligence, or AI, it is important to look at the various, and often contradictory, settings where AI operates – and how it is treated there.   For example, data privacy generally and in particular open banking, in which …

FTC Chair Lina Khan Speaks on Data Security Rulemaking

By Lina M. Khan August 22, 2022 by renholding

Today [August 11], the Federal Trade Commission initiated a proceeding to examine whether we should implement new rules addressing data practices that are unfair or deceptive.

The Commission brought its first internet privacy case 24 years ago against GeoCities, one

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Debevoise Discusses What the ADPPA Means for U.S. Data Regulation

By Paul D. Rubin, Avi Gesser, Johanna N. Skrzypczyk, Michael R. Roberts and Alessandra G. Masciandaro July 15, 2022 by renholding

On June 21, 2022, the House Energy and Commerce Committee formally introduced a new federal privacy bill: the American Data Privacy and Protection Act (“ADPPA”). Notably, the ADPPA has diverse support from both branches of Congress and both political parties. …

SEC Chair Gensler Speaks on Cybersecurity and Securities Laws

By Gary Gensler January 26, 2022 by renholding

Thank you. It’s good to be with the Annual Securities Regulation Institute. As is customary, I’d like to note that my remarks are my own, and I’m not speaking on behalf of the Commission or SEC staff.

As some of

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Kirkland & Ellis Discusses Cross-Border Transfers of Personal Data

By Emma Flett and Jennifer Wilson October 5, 2021 by renholding

In the wake of the landmark judgment in Schrems II in July 2020 (which invalidated the EU-US Privacy Shield with immediate effect) (as reported by us here), the European Commission has recently adopted a number of hotly anticipated (at …

Sullivan & Cromwell Discusses SEC Case on Misleading Disclosure of Cybersecurity Incident

By Robert Downes, Nicole Friedlander, Anthony Lewis, Steve Peikin and Kamil Shields August 24, 2021 by renholding

On August 16, 2021, the SEC charged Pearson plc with misleading investors and failing to maintain adequate disclosure controls and procedures in connection with a cybersecurity incident. According to the SEC’s order, Pearson learned in March 2019 about an intrusion …

Debevoise & Plimpton Discusses New Privacy Legislation in the U.S.: The Patchwork Problem Grows

By Jeremy Feigelson, Johanna Skrzypczyk, Kim Le, Alexandra Swain and H. J. Brehmer July 26, 2021 by renholding

Colorado has just adopted a brand-new data privacy law and Nevada has just significantly amended its law. These changes add rights for consumers, and compliance obligations for businesses, that take the U.S. further in the direction of European-style privacy law. …

Patterson Belknap Discusses State Data-Privacy Laws and Potential Federal Legislation

By Andrew M. Willinger and Peter A. Nelson April 20, 2021 by Nisha Chandra

With a dizzying array of state privacy laws on the horizon, the prospect of a federal solution has come into sharp focus.  Rather than a patchwork of regional legislation, a comprehensive national framework would potentially govern the precautions that companies …

Patterson Belknap Discusses Consumer Data Privacy in New York

By Christina Seda-Acosta and Alejandro H. Cruz March 10, 2021 by Nisha Chandra

As the national landscape of data privacy laws evolves, New York may be poised to follow California in passing legislation that creates new data rights for New York consumers.  New York is no stranger to this field.  The New York …

Acting FTC Chair Slaughter Speaks on Protecting Privacy and Data Security

By Rebecca Kelly Slaughter February 16, 2021 by snehapandya

Thank you for inviting me to speak with you all today. The President named me as Acting Chair just a few weeks ago, and I’m incredibly excited about the opportunity to lead the FTC in these challenging times. It is …

Gibson Dunn Discusses Consumer Protection Under the Biden Administration

By Alexander Southwell, Ryan Bergsieker and Sarah Erickson December 1, 2020 by renholding

President-elect Biden has signaled that robust consumer protections will be a major focus of his policy agenda in what is anticipated to be a dramatic shift from the deregulatory policies of the Trump administration.  In this article, we preview the …

Debevoise & Plimpton Discusses Whether EU Antitrust and Data Privacy Rules Are Converging

By Timothy McIver and Anne-Mette Heemsoth August 20, 2020 by renholding

Competition v Privacy. Competition and consumer authorities are increasingly considering the implications of digital platforms’ ownership and use of consumer data and whether concerns about harm to privacy are indicative of a lack of competition.

For a long time the …

Cleary Gottlieb Discusses U.S. CLOUD Act’s Possible Impact on EU Data Protection

By Natascha Gerlach and Elisabeth Macher September 16, 2019 by Avesh Krishna

Responding to a request by the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE), the EU’s data protection supervisory bodies released an initial joint opinion on the impact of the U.S. Clarifying Lawful Overseas Use of Data …

Cleary Gottlieb Reviews 2018 Cybersecurity and Data Privacy Developments

By Pam Marcogliese, Rahul Mukhi, Katherine Carroll, Alexis Collins and Emmanuel Ronco February 6, 2019 by renholding

In 2018, data privacy and cyber breaches made headlines throughout the year.  Major companies continued to suffer data breaches, highlighting the risks and potential costs of cyber incidents across industries.  At the same time, a growing and overlapping thicket of …

Arnold & Porter Discusses How CLOUD Act Revamps Government Access to Data

By L. Charles Landgraf, Amy Jeffress, John Bellinger, Ron Lee, Charles Blanchard and Andy Wang April 12, 2018 by renholding

The massive 2,232-page, $1.3 trillion spending bill signed into law on March 23 by President Trump does more than just fund the government.  The bill also contains a provision that will have a significant impact on data privacy.  Tacked on …

Davis Polk Discusses the Impact of European Data Protection Regulation on U.S. M&A

By Frank Azzopardi, Leo Borchardt, Avi Gesser, Pritesh Shah, Michelle Ontiveros Gross and Daniel F. Forester April 5, 2018 by renholding

The winds of change will shortly sweep across the data privacy landscape in the European Union (“E.U.”) and the gale will be felt worldwide.  The European General Data Protection Regulation (“GDPR”) will come into force on …

Gibson Dunn Reviews U.S. Cybersecurity and Data Privacy

By Alexander H. Southwell, Eric Vandevelde, Ryan Bergsieker and Jeana Bisnar Maute February 3, 2017 by Jeff Himelson

In 2016, companies, governments, and consumers were again challenged to navigate an evolving landscape of cybersecurity and privacy issues.  This year saw flash points impacting the trajectory for data breach litigation, the future for privacy class actions, and the scope …