CCPA Marches On: California Attorney General Proposes Further Revisions to CCPA Regulations, Industry Pleads for Enforcement Delay Amid COVID-19 Crisis

While the world seems to have ground to a halt in so many ways, time still marches on, and along with it, the California Consumer Privacy Act (“CCPA”) enforcement date (July 1, 2020) inches ever closer.   On March 11, 2020, the California Attorney General (“AG”) released the third turn of proposed California Consumer Privacy Act (“CCPA”) regulations.  The AG’s revisions make only moderate changes to the last round of regulations issued in February 2020.  Businesses will not need to dramatically change compliance plans as the proposed revised regulations seek to refine requirements in prior drafts rather than introduce any wholesale changes to the regulatory framework. 

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COVID-19: Dealing with Vendors – Privacy and Supply Chain Issues

The COVID-19 global pandemic presents unique legal and practical challenges for businesses across all industries, including with respect to ongoing relationships with vendors and suppliers – whether this relates to information security, privacy compliance, business continuity and contractual issues, such as in relation to force majeure.

In this webinar, we will highlight some of the key issues companies are facing when dealing with supply chain and vendor contracts, and how their concerns can be mitigated.

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Chambers 2020 Global Practice Guides for Data Protection & Privacy and Cybersecurity Available

The updated 2020 Chambers Global Practice Guides for Data Protection & Privacy and Cybersecurity, edited by Alan Charles Raul, are available, covering important developments across the globe and bringing expert legal commentary for businesses.  Read the intros to each Guide here and here.

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COVID-19 – European and U.S. Privacy and Employment Law Issues

A discussion on the latest European and U.S. privacy and employment law issues with COVID-19 and strategies to deal with this situation in a holistic and coordinated manner. In particular, we consider the latest guidance from Data Protection Authorities, how to develop a privacy protocol that deals with the GDPR and U.S. privacy issues and UK and U.S. employment law issues and latest developments related to COVID-19.

View the webinar here.

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WEBINAR – COVID-19 – European and U.S. Cybersecurity Issues: Preventing and Responding to Cyber Incidents

Join OneTrust DataGuidance and Sidley for a webinar discussing COVID-19 and European and U.S. cybersecurity and cyber risk insurance issues.

The COVID-19 global pandemic presents unique legal and practical challenges for companies across all industries, including with respect to cybersecurity risks and protections. There are increased cyber vulnerabilities from insider and external threat actors, including cyber attacks on individuals and companies.

In this webinar, we will highlight the dynamic and evolving cybersecurity threats companies face as a result of the pandemic, and the global legal implications of a cyber breach in this new environment – and how they can reduce these risks, and effectively respond to a cyber incident.

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European Data Protection Board Releases Statement on Personal Data and COVID-19

On 20 March 2020, the European Data Protection Board (“EDPB”) released a statement on the protection of personal data in connection with measures that public authorities and business organizations (including employers) are taking to address the Coronavirus (COVID-19) pandemic. This statement is an extension of the statement released by the EDPB chair on 16 March 2020, (which can be accessed here). In its latest statement, the EDPB emphasises that EU data protection law (in particular, the EU General Data Protection Regulation (“GDPR”)) does not stand in the way of measures adopted to fight against COVID-19 – if these measures are necessary, proportionate and consistent with safeguards required under EU Member State laws. The EDPB statement also provides useful guidance for organisations to consider when adopting measures to lawfully process personal data during this time.

Overall, while EDPB statement may provide some reassurance to organizations with respect to COVID-19 measures, organizations will be advised to consider guidance issued by specific EU Member State data protection authorities as well. In particular, specific EU Member State data protection authorities have begun issuing COVID-19 guidance that is, at least in certain respects divergent: while certain data protection authorities are adopting a more restrictive approach (for example, the French CNIL), others are more permissible (for example, the UK’s Information Commissioner’s Office).

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COVID-19: Key EU And U.S. Cybersecurity Issues and Risk-Remediation Steps

The COVID-19 crisis has created significant cybersecurity risks for organizations across the world, particularly arising from remote working, scams and phishing attacks, and weakened information governance controls. These risks warrant attention by legal counsel and information security officers in light of potentially significant adverse legal, financial and reputational consequences that could arise – all while the organization is dealing with effects of a global pandemic.

In addition to identifying the cybersecurity risks, we also consider key measures that organizations can consider adopting to reduce such risks, including measures recommended by the UK’s National Cybersecurity Centre (NCSC), EU’s Agency for Cybersecurity (ENISA) and the US Federal Bureau of Investigation.  The speed at which the COVID-19 crisis has evolved has meant that many organizations have not been able to deploy effective risk-reducing measures in a timely manner.

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