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12 November 2019

Comments Submitted on California Consumer Privacy Act of 2020—Initiative 19-0021

As submitted for the comment period on Initiatives – Active Measures for Initiative 19-0021 on November 8, 2019.

Dear Mr. Mactaggart,

As privacy practitioners, we share your passion and dedication to the development of information privacy and data protection law in the United States. We acknowledge your achievement in pushing for the enactment of the California Consumer Privacy Act (CCPA) and contributing to the ongoing national conversation to advance privacy rights. Your commitment to these issues is clear, and we commend the seriousness of your work in addressing privacy rights in accordance with your vision.

We write in the spirit of constructive development of privacy regulation, and offer the following comments in the hope of contributing to the goal we share with you: improving the quality and effectiveness of U.S. privacy and data protection law while ensuring the continued innovation and flexibility that so benefit our society. Although we often advise the regulated community on privacy and data protection matters, the views expressed here are our own.

At the outset, we note that there are important improvements in your proposed initiative relative to the enacted CCPA. Many of your new initiative’s provisions could serve to move privacy and data security law in a positive direction. In this vein, we note the following: (more…)

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06 November 2019

The CCPA and Litigation Mitigation: What You Need to Know Before January 1

The California Consumer Privacy Act (CCPA) takes effect in January. Sidley’s seasoned class action practitioners anticipate the CCPA will drive a proliferation of data- and privacy-driven suits, on multiple fronts.

This webinar will explore this emerging area in consumer class action litigation and highlight concrete steps businesses can take to mitigate CCPA-related risks.

(more…)

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01 November 2019

European Commission Provides Important Guidance on Qualification and Classification of Software Under New Medical Devices Regulations

The European Commission’s Medical Devices Coordination Group (MDCG) has published a much-anticipated guidance on the qualification and classification of software devices as medical devices (MDSW)1  under the new Medical Devices Regulation (MDR) and In Vitro Diagnostic Regulations (IVDR) (the Guidance, available here). The Guidance seeks to provide clarification to medical software manufacturers with respect to (i) when software is considered a device (qualification) and (ii) what risk category the device falls into (classification).

Under the currently applicable rules, supported by guidance set out in MEDDEV 2.1/6,2 most software devices are classified as low risk. However, the new classification rules set out in the MDR, in particular Rule 11, significantly change the classification of MDSW, with many software devices to be generally considered medium- or even high-risk devices.

Here we examine which areas have been clarified by the Guidance and which topics remain open to interpretation.

(more…)

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28 October 2019

Blockchain 2019: Smart Contracts

Please join us for the fourth in a series of programs focused on 2019 blockchain developments. This webinar will discuss legal, regulatory and other considerations for smart contracts. Lawyers from Sidley’s blockchain, investment funds and global finance practices will discuss:

  • The blockchain technology behind smart contracts
  • The legal validity of smart contracts under state law
  • Court decisions and industry initiatives addressing obligations embedded in smart contracts
  • Practical considerations for smart contract implementation in transactions

(more…)

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25 October 2019

Women in Privacy

Women in Privacy™ or WIP™ invites you to join our networking event featuring a roundtable discussion of the latest data protection and privacy hot topics followed by a drinks reception.

The Women in Privacy networking group is for data protection and privacy professionals and aims to provide a platform for high-level discussion of data protection and privacy law developments, to facilitate and strengthen networking among women privacy professionals, and to mentor and promote the advancement of women in the field.

(more…)

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14 May 2019

DataGuidance by OneTrust Speak to William Long About Data Protection Issues in the Financial Sector

William Long, partner and global co-leader of Sidley’s Privacy and Cybersecurity practice, has been working on global data privacy and information security matters for a number of years. In particular, William advises international clients on a wide variety of General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), data protection, cybersecurity and financial services issues.

DataGuidance by OneTrust spoke with William about data protection issues in the financial services sector, and in particular about approaching compliance with the GDPR, sector-specific challenges, issues around Big Data, and cybersecurity.

Read the Full Interview

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13 May 2019

Terms and Conditions: Recent Supreme Court Decisions Highlight There is More to Consider than Just the Privacy Policy

Your website is essential to your online business.  By developing and presenting an online presence, however, you take on legal obligations to your users.  It is, therefore, a timely exercise to stop and take stock of your terms and conditions in light of recent developments in the law, consumer expectations, and your legal risk profile.  The privacy policy has been getting a lot of attention lately as many websites, services and apps are rushing to get their new privacy policies in place in light of the California Online Privacy Protection Act (“CalOPPA”).  But updating the privacy policy is only one step in protecting your business in this digital economy. Terms and conditions are an important tool for limiting a company’s exposure to the various legal risks inherent in conducting business online.   Boilerplate provisions can leave you exposed and frustrate your customers.  Companies should critically consider the nature and needs of the business and transactions that may occur on their websites to determine what types of provisions will be beneficial and best practices for creating a binding contract.

Terms and conditions generally specify the rules governing the use of a website or mobile application.  Since every website is different, custom-drafted terms and conditions are necessary to protect a particular business.  Well-crafted terms and conditions might address issues such as payment, taxes, refunds, gift certificates, accounts, disclaimers, user behavior on your site, warranties and limitations on liability.

(more…)

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