Trump Executive Order May Significantly Disrupt Technology Supply Chains

On May 15, 2019, President Donald Trump signed an executive order (EO) declaring a “national emergency” related to certain threats against information and communications technology and services (ICTS) in the United States and authorizing the Department of Commerce to block transactions that involve ICTS with a “foreign adversary.” The EO provides for the possibility of a licensing regime that could allow transactions that would otherwise be blocked. The EO is available here.

The EO itself does not mention any particular countries or companies that would be subject to its prohibitions. However, the EO is widely reported to be aimed at China. Indeed, tensions between the United States and China have intensified over the past week, after negotiations between the two governments to resolve their trade dispute stalled.

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Dutch Supervisory Authority Opines on Use of Cookie Walls

Recently, the Dutch Supervisory Authority (the “Autoriteit Persoonsgegevens” or “Dutch SA”) has taken the position that the use of so-called “cookie walls,” whereby website access is made conditional upon the provision of consent to tracking cookies, is not compliant with the EU General Data Protection Regulation (“GDPR”).

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California Privacy Law Will Likely Prompt Flood Of Class Actions

*This article first appeared in Law360 on May 15, 2019.

The California Consumer Privacy Act, known as the CCPA, is a new law set to go into effect on Jan. 1, 2020. The CCPA is the first U.S. law that will require businesses with an online presence in California to focus on user data and it regulates how businesses collect, share and use such data. One of the most significant risks to online business providers in California is that the CCPA provides for a private right of action for California consumers.

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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.

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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.

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Fifth Annual Sidley Privacy and Cybersecurity Roundtable

We held our 5th Annual Privacy and Cybersecurity Roundtable on May 1, in Washington, D.C.  The event featured the Chair of the European Data Protection Board Andrea Jelinek and FTC Commissioner Noah Phillips.  Other government speakers represented the White House, UK’s Information Commissioner’s Office, and staff members from the U.S. Senate and House of Representatives.  Other distinguished panelists included Cam Kerry of Brookings and Jane Horvath from Apple.  The speakers addressed privacy and cybersecurity enforcement in the U.S. and EU, Brexit, Online Harms and the prospects for federal privacy legislation.  The insightful program was followed by a competition between the sausage-making (and brewing) achievements of leading privacy jurisdictions such as Brussels, California, Washington, D.C. and China (representing a privacy continuum!). Sidley also commemorated “20 Years of CyberLaw at Sidley” – two decades since the founding of today’s Privacy and Cybersecurity practice. We look forward to continuing to thrive and serve our clients. We hope to see you at next year’s Privacy and Cybersecurity Roundtable.

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