State and U.S. Territory Regulation

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

Over the last few years, the creation of new cybersecurity regulations has been robust, but actual enforcement has been tepid. This is understandable in any new regulatory regime, especially one where the standards are vague, the conduct is evolving, and therefore, there is considerable uncertainty on the part of the
Continue Reading The NYAG Dunkin’ Donuts Cyber Case – One More Sign that the Days of Stick for Cybersecurity Enforcement May Be Around the Corner

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 previously written about legal risks companies will face from the California Consumer Privacy Act (CCPA) when it goes into effect on January 1, 2020.  In short, companies can be subject to consumer class actions alleging statutory damages for mishandled data—and a key defense to those suits will be
Continue Reading New York’s SHIELD Act Creates Significant New Cybersecurity Obligations for Thousands of Firms Worldwide

By now, most major U.S. companies are generally aware of the new privacy requirements that will be imposed by the California Consumer Privacy Act (“CCPA”) when it goes into effect on January 1, 2020, including data access and deletion rights for consumers as well as restrictions on selling personal information. 
Continue Reading The Biggest Risk with CCPA May Be Cybersecurity, Not Privacy: 10 Things Companies Are Doing Now to Prepare

We have issued a memo on transactional considerations for investors, purchasers, and sellers of companies that collect or process personal data of California residents arising from the California Consumer Privacy Act, which becomes effective January 2020.

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Continue Reading Impact of the California Consumer Privacy Act on M&A – Davis Polk Memo

A recent bill to amend California’s landmark data privacy law seeks to expand potential liability for violations—bringing little comfort to those already concerned about the risks and challenges associated with achieving compliance in advance of the law’s upcoming effective date.

The proposal—Senate Bill 561, introduced on February 25, 2019, by
Continue Reading New Amendment Would Significantly Expand Liability Under California Consumer Privacy Act

In the last few years, we have seen a dramatic increase in the purchase and sale of alternative data—a shorthand for big data sets, such as satellite images of parking lots, drug approvals, credit card purchases, cellphone data on retail foot traffic, and construction permits. According to alternativedata.org, the alternative
Continue Reading Alternative Data Goes Mainstream, and Gets Increased Attention from Regulators

Momentum is building for federal privacy legislation, with several different proposals circulating in Washington.  Ohio’s new cybersecurity law offers an interesting approach for incentivizing companies to protect their customers’ personal data.

We have written previously on two competing models for cybersecurity regulation—“standards” versus “rules.”  The standards-based approach, historically
Continue Reading A New Safe-Harbor Approach to Cybersecurity Regulation

For years, the default setting at many companies was to keep electronic data indefinitely. Storage is cheap, there are legal risks associated with deleting data, and you never know when an email from 10 years ago is going to become important. Some companies have document management policies, but often they
Continue Reading Getting Rid of Old Data Is Becoming a Regulatory Requirement