GDPR: Impact of Increasing Volume of SARs

15 months since the GDPR came into effect, we take a look at an issue which is becoming a major concern for businesses, as they grapple with the law's legal requirements. Subject Access Requests (SARs) are increasing rapidly, as individuals exercise their rights to access their personal information.

Read More
Peter BornerComment
A Case for Federal Privacy Law

An informative event concerning all things related to data privacy took place in Washington, D.C. on July 11.

Data Done Right, a conference hosted by the U.S. Chamber of Commerce, featured discussions on many of the policy issues that surround the use of consumer data by the tech industry. A variety of speakers presented their views on the future of tech innovation, and how to protect the individual privacy of consumers, while at the same time promoting innovation and certainty.

Read More
Who's Affraid of the Big Bad $5B Wolf?

Last Friday's breaking news story by The Wall Street Journal, that the FTC has approved a fine of $5 billion to be imposed on Facebook came may have come as no surprise. But what does this really mean for Facebook? - and how will it affect boardroom conversations about compliance with consumer privacy law?

Read More
Nevada Privacy Law grants “data for sale” opt-out rights

Nevada Governor Steve Sisolak has signed into law an amendment (SB 220) to Nevada’s security and privacy law which requires operators of commercial websites or online services to allow consumers to opt-out of the sale of any covered personal information that the operator has, or intends to, collect about them.

The SIlver State’s new law will come into effect on October 1, 2019, two months ahead of the more comprehensive California Consumer Privacy Act (CCPA). This will make it the first law in the United States that gives consumers the right to opt-out of the sale of their personal data.

Read More
Peter BornerComment
New York Privacy Bill: Bolder than CCPA?

It’s no secret that lobbying groups have been working overtime in their attempts to derail the California Consumer Privacy Act (CCPA) before it becomes law on January 1, 2020. It’s also widely known that some of these groups are lobbying on behalf of certain tech giants, who see the new privacy law as a threat to their data collection practices.

Read More
Texas: A tale of two Acts on the road to Consumer Privacy law.

Back in March of this year, not one, but two consumer privacy bills were filed in the Texas House of Representatives. Republican Rep. Giovanni Capriglione filed House Bill 4390 a.k.a. Texas Privacy Protection Act, while Democrat Rep. Trey Martinez Fischer filed HB 4518 a.k.a. the Texas Consumer Privacy Act.

Unsurprisingly, both bills are modeled on California’s Consumer Privacy Act (CCPA). But that’s where the similarity ends, as there are a number of differences between the two bills.

In this article we examine what Texas started out with ….and what it ended up with.

Read More
FTC Gets Tough on Data Security: 5 vital take-aways

The Federal Trade Commission’s (FTC) advice on Data Security says; having a sound security plan in place to collect only what [data] you need, keep it safe, and dispose of it securely can help you meet your legal obligations to protect sensitive data.

So, what happens when this sage advice is not taken?

Well, it seems the FTC is taking a much tougher stance on compliance obligations of consent orders it enters into with businesses to settle enforcement actions relating to data breaches.

Read More
California: Privacy Notices under the CCPA spotlight

Transparency is one of the most fundamental aspects of the California Consumer Privacy Act (CCPA). The new regulation introduces vital new consumer rights, as well as strict obligations for businesses to disclose their data gathering operations.

Once the CCPA comes into force in January 2020, there will be increased scrutiny of privacy notices - with a particular focus on the details of a business’s data collection and processing practices.

Read More
MARKETING: Gaining and retaining consumer trust in a privacy-centric world?

As the debate about a federal privacy law versus state-level laws reaches fever pitch, and consumers become increasingly concerned about their privacy, we look at the impact of data privacy on marketers, as they look to protect and grow brands, while complying with strict privacy policies.

However, the smart marketing companies are not just exploring preemptive ways of avoiding trouble, they are also looking to create a genuinely pleasing and trusted experience for their target customers.

So, how can compliance and technology help marketers to gain a competitive edge, while building (and retaining) consumer trust?

Read More
GDPR EXPLAINED: The 6 Legal grounds for Processing Personal Data LAWFULLY

For many businesses, compliance with the General Data Protection Regulation (GDPR) has proven to be a bigger challenge than first anticipated, with much of the confusion caused by the complexities of the 99 articles and 173 recitals that make up the 261-page document.

This article, although not definitive, provides some clarity for companies seeking to establish appropriate legal grounds for the processing of personal data.

Read More
Colorado: 40 data breaches since new consumer privacy law …and counting.

Cybersecurity breaches that expose the personal information of consumers have become a common occurrence. And Colorado’s consumer data protection laws are there to provide comfort that should this happen to residents’ own personal data, the affected company must notify them within 30 days.

The state law came into effect in September 2018. But just five months later, in February 2019, 33 organizations had already reported data breaches, with notifications sent to more than 91,000 Colorado residents.

In this post, we take a look at how the Colorado Consumer Data Protection Law is shaping up - and the impact it is having on both consumers and businesses.

Read More
Evolution of the CCPA and how the latest amendments could impact marketers

If you think the California Consumer Privacy Act is in a state of perpetual mutation, you are not alone. The latest round of amendments are now meandering through the California State Assembly, and if passed, will either provide some welcome clarification, …or make the CCPA even more baffling.

Several bills are awaiting a Senate vote, having already made it through the California Assembly Appropriations Committee, while others are still languishing in the line-up for committee approval.

In this post we take a brief look at the 8 primary CCPA amendments currently on the docket:

Read More