On October 12, 2022, the UK Information Commissioner’s Office (“ICO”) opened a public consultation seeking feedback on the draft guidance document on employment practices, specifically relating to monitoring at work (the “Monitoring at Work Guidance”). The guidance aims to provide practical guidance and good practices relating to monitoring workers in accordance with data
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EDPS Issues Opinion on Negotiating Directives for Council of Europe’s AI Convention
On October 13, 2022, the European Data Protection Supervisor (“EDPS”) released its Opinion 20/2022 on a Recommendation issued by the European Commission in August 2022 calling for a Council Decision authorising the opening of negotiations on behalf of the European Union for a Council of Europe convention on artificial intelligence, human rights, democracy and the
FTC Flexes ROSCA Muscle With $100 Million “Dark Patterns” Settlement with Vonage
On November 3, the FTC announced that it entered into a significant $100 million settlement with Vonage to resolve allegations relating to the internet phone service provider’s sales and autorenewal practices. The FTC alleged that Vonage violated both the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA) by failing to provide a simple
EDPB Publishes Updated Guidelines on Personal Data Breach Notification and Identifying the Lead Supervisory Authority
On October 18 and 21, 2022, the European Data Protection Board (“EDPB”) published updated guidelines (i) on personal data breach notification under the GDPR and (ii) on identifying a controller or processor’s lead supervisory authority, respectively. Both guidelines are in draft form and are open to public consultation until the end of November.
CJEU Advocate General Issues Opinion on Non-Material Damages for GDPR Breach
On October 6, 2022, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) released an opinion in case C-300/21 to the effect that a controller or processor’s non-compliance with the GDPR does not automatically entitle data subjects to receive compensation for non-material damages pursuant to Article 82 GDPR. According to
CPPA Posts Updated Draft Rules
The California Privacy Protection Agency (CPPA) staff has posted updated draft rules implementing the California Privacy Rights Act (CPRA) today. As a next step, the rulemaking will undergo a 15-day public comment period, and comments are due Monday, November 21, 2022.
Countdown for Implementing the New EU Data Transfer Contracts and Overview of other EU Transfer Developments
The upcoming date of December 27, 2022, marks the end of the roughly one year and a half-long transition period that companies had to replace any the old versions of the standard contractual clauses for international transfers of personal data by the new standard contractual clauses, which the European Commission adopted on June 4,
ICO Fines Easylife £1.48 Million For Data Protection and E-Marketing Violations
Earlier this month, the UK Information Commissioner’s Office (“ICO”) announced a fine in a case that involved inferring health data and using this for marketing. The ICO found that catalogue retailer Easylife Limited (“Easylife”) had profiled 145,400 individuals for inferred health conditions without their consent, based on certain “trigger products” that they had purchased from
FTC Hosts Event Regarding Children’s Experiences with Digital Advertising
On Wednesday, the Federal Trade Commission (“FTC”) hosted a virtual event on “Protecting Kids from Stealth Advertising in Digital Media.” The event featured industry professionals, legal and child development experts, researchers, and consumer advocates to discuss the regulation of digital advertising to children. Panelists examined the online advertising techniques children are exposed to, children’s capacity
Some Key Takeaways from The Updated CPRA Rules
As we previously discussed, the California Privacy Protection Agency (“CPPA”) recently released updated rules implementing the California Privacy Rights Act (“CPRA”). Here are some of the key changes from those rules. While the changes are modest, they are directionally helpful in addressing some of the concerns industry raised during the rulemaking process.