On Friday, July 8th, the California Privacy Protection Agency (CalPPA) began the formal rulemaking process to adopt proposed regulations to implement California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA). The initial written comment period will end on August 23, 2022 at 5:00 pm Pacific Time. To cap off the initial comment period, CalPPA will hold a public hearing on August 24th and 25th, during which the agency will accept oral comments and then close the first comment period.

The rulemaking process will take some time. Indeed, it is possible this initial rulemaking round will not be complete until after Thanksgiving. Revisions to the first draft are expected through likely multiple notice and comment rounds, in addition to deliberations by the CalPPA Board in noticed public meetings. Moreover, once the agency process is complete, the Office of Administrative Law (OAL) will review the proposed regulations to ensure they are consistent with the statute.

CCPA; CPRA; Policy; Regulation; U.S. State Law

Data Regulation Ramps Up in Europe: The AI, Data, and Data Governance Acts

Jul 18 2022

Data Matters Contributors

Join Sidley and OneTrust DataGuidance for Part two of the “Data Regulation Ramps Up in Europe” webinar series, where our panel will discuss legislative proposals, including the Artificial Intelligence Act, the Data Act, and the Data Governance Act (DGA).

AI; Policy; Regulation

New U.S. Commercial Law Rules for Digital Assets Coming Soon

Jul 15 2022

Teresa Wilton Harmon

Changes to uniform U.S. state law commercial law rules for transactions in digital assets, including cryptocurrencies, tokens, electronic notes, and electronic chattel paper, are being finalized this summer and may be adopted in state legislatures as early as this fall. When adopted, these rules will create a uniform playing field with more certainty for transactions in digital assets — but can also hold some surprises for those not prepared. Everyone with an interest in digital assets — exchanges, custodians, holders, issuers, and lenders — should stop now to consider how these new rules will apply to their businesses and whether changes in their practices and contracts are warranted. They should also consider whether the new laws create new opportunities. Learn how the new rules apply to you and your business.

Crypto; FinTech; Policy; U.S. State Law

China Data Law Update: Certification Rules and Draft Standard Contract Are Issued

Jul 14 2022

Lei Li and Lianying Wang

As the year approaches its halfway point, Chinese government accelerates the legislation for cross-border data transfers.

APEC Privacy Laws; China; Cybersecurity; International; Policy; Regulation

Sidley Adds Partners Seale and Wilan to Growing Cybersecurity Practice

Jun 29 2022

Data Matters Contributors

WASHINGTON, D.C. –Sidley announced today that Jennifer Seale and Jonathan Wilan have joined as partners in the firm’s Privacy and Cybersecurity practice in Washington, D.C. Ms. Seale and Mr. Wilan join Sidley from Baker McKenzie where they played key roles in the Global Cybersecurity practice.

Cybersecurity; General

Reflecting on the UK Inaugural DaTA Conference: Top Five Trends to Watch as Global Regulators Step up Enforcement in Digital Markets

Jun 27 2022

Ken Daly, Patrick J. Harrison, William RM Long, Monika Zdzieborska and Bethany Wise

Last week, the UK Competition and Markets Authority (CMA) hosted its inaugural Data, Technology, and Analytics (DaTA) Conference.

The CMA DaTa Conference has been hailed as a milestone as it convened for the first time regulators, data scientists, engineers, tech companies, and academics to discuss evolving challenges in digital markets. The conference coincided with London Tech Week, during which Chris Philp, UK Minister for Tech and the Digital Economy, unveiled a new UK Digital Strategy: the UK government’s vision for regulating digital markets, involving a monitoring framework and outcomes-focused regulation. The government has opened a public consultation, and stakeholders have until September 5, 2022, to offer their views on the proposed approach.

Against this background, here is our selection of the top five trends that stood out over the course of the CMA DaTa Conference.

Antitrust/Competition; FinTech; International; Online Privacy; Policy; UK

SEC Requests Comment on Regulation of Information Providers Under the U.S. Investment Advisers Act

Jun 24 2022

Nathan J. Greene, Jay G. Baris, W. Hardy Callcott, Ranah Esmaili, Elizabeth Shea Fries, Laurin Blumenthal Kleiman and Chuck Daly

On June 15, 2022, the U.S. Securities and Exchange Commission (Commission) issued a request for comment with respect to whether certain index, model, pricing, and other information providers should be regulated as investment advisers under the Investment Advisers Act of 1940. The Commission suggests fresh consideration is needed in light of changes in technology and market practices in the decades since these topics were last given significant attention — especially given the continuing expansion of index-based investment strategies. Responses to the request for comment are due the later of August 16, 2022, or 30 days after publication of the release in the Federal Register.

Cybersecurity; FinTech; Policy; SEC

Kentucky and Maryland Recently Joined Other States in Adopting NAIC Model Data Security Law

Jun 23 2022

Thomas D. Cunningham and Stephen McInerney

Kentucky and Maryland recently continued the trend of state insurance departments adopting some version of the National Association of Insurance Commissioners’ (“NAIC”) Insurance Data Security Model Law. Kentucky Governor Andy Beshear signed House Bill 474 into law, and Maryland Governor Larry Hogan signed SB 207.

Insurance; Legislation; Policy

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Off to the Races: Comment Period for CPRA Proposed Regulations Begins

Data Regulation Ramps Up in Europe: The AI, Data, and Data Governance Acts

New U.S. Commercial Law Rules for Digital Assets Coming Soon

China Data Law Update: Certification Rules and Draft Standard Contract Are Issued

Sidley Adds Partners Seale and Wilan to Growing Cybersecurity Practice

Reflecting on the UK Inaugural DaTA Conference: Top Five Trends to Watch as Global Regulators Step up Enforcement in Digital Markets

SEC Requests Comment on Regulation of Information Providers Under the U.S. Investment Advisers Act

Kentucky and Maryland Recently Joined Other States in Adopting NAIC Model Data Security Law

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