While businesses operating in California are still adjusting to the requirements of the California Consumer Privacy Act (CCPA) and are watching for enforcement actions brought by the California Attorney General, as its enforcement powers begin on July 1, an expansive new privacy initiative was certified today by the California Secretary
Continue Reading Expansive New California Privacy Measure Cleared for November Ballot

On Friday, May 29, 2020, Davis Polk’s own Rob Cohen led a panel on cybersecurity law and enforcement issues for the Practising Law Institute’s (“PLI”) tenth annual program on enforcement. The panel included individuals from the FBI, U.S. Attorney’s Office for the Southern District of New York, New York
Continue Reading PLI Cybersecurity Enforcement Panel: Lessons Learned from Regulators and Law Enforcement

New commentary from a respected think tank attempts to provide guidance on cross-border data transfers.  The guidance proposes principles for determining which country’s law to apply to a cross-border transfer.  Although there is no guarantee that the guidance will gain favor with courts or regulators, it is an important indicator
Continue Reading Navigating Cross-Border Data Transfers: Lessons from the Sedona Conference Commentary

On Tuesday April 14, 2020, the fifth annual Incident Response Forum (the “Forum”) convened an extensive roster of presenters from private practice and the government, including from the DHS, DOJ, FTC, SEC, NYDFS, FBI, and the Secret Service, to discuss best practices for incident response.

The government panelists shared insights
Continue Reading 2020 Incident Response Forum: Lessons Learned from Regulators and Law Enforcement

As we have discussed here previously, the coronavirus outbreak has driven many companies further into the digital workplace, putting new strains on information technology systems and related privacy and security compliance controls.  Despite these burdens on companies, few regulators have offered relief from their privacy and security requirements.  As detailed
Continue Reading Data Privacy and Security Requirements During Coronavirus? Little Relief in Sight

We have issued a client alert on four key takeaways on the Office of the Attorney General of California’s recent modified regulations to provide guidance on the California Consumer Privacy Act.
Continue Reading Highlights & Takeaways: California Attorney General Issues Modifications to Proposed CCPA Regulations

Davis Polk partner Pritesh Shah and associate Daniel Forester are among the authors of a new Practice Note for Thomson Reuters’ Practical Law discussing blockchain technology and recent trends in data privacy law and the tensions between them.  The article explains blockchain technology’s characteristics and describes issues and potential strategies
Continue Reading Blockchain Technology: Data Privacy Issues and Potential Mitigation Strategies – Practical Law Practice Note

We have recently written on whether protecting personal data should be regulated using a property model instead of a privacy model (and concluded, probably not).  Another framework for regulating personal data that is getting increased attention is a national security model, which looks at securing personal data as a means
Continue Reading Considering A National Security Framework for Protecting Personal Data

We have issued a client alert on three key takeaways on the Office of the Attorney General of California’s recent notice of proposed rulemaking activity and related proposed regulations to provide guidance on the California Consumer Privacy Act.
Continue Reading Highlights & Takeaways: California Attorney General Releases Proposed CCPA Regulations – Davis Polk Client Alert

We have issued a memo on the European Court of Justice’s recent preliminary ruling on the GDPR and a data subject’s qualified right of erasure with respect to personal data, which concluded that EU rules require a search engine operator to carry out such a request only on versions of
Continue Reading European Court of Justice Limits Territorial Reach of “Right to Be Forgotten” – Davis Polk Memo