A Guide to New Draft SCCs–and the EDPB’s Response

Ever since the EU-US Privacy Shield was struck down in Schrems 2.o, companies have been scrambling to figure out how to safely transfer data in and out of the EU while remaining compliant with the General Data Protection Regulation (GDPR). At this point, the general consensus is that transfers from the EU should only be…
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Data Silos

What are Data Silos? And are They Right for Your Organization?

One interpretation of the ongoing call for “data privacy” is to take every measure possible within your organization to protect personal information. Encryption, minimizing the data collected, and placing limits on retention are all crucial ways to minimize risk of exposure. That’s partly why the idea of data silos–only making certain data accessible to those…
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Why Your Organization Should Implement “Privacy by Design”

 Privacy by Design (PBD) the idea that organizations should design every part of their operation with data privacy in mind was popularized by the European Union’s General Data Privacy Regulation (GDPR). Any products or services that call for the processing of personal data should account for privacy from their inception and every stage of development…
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A Guide to India’s Proposed Data Privacy Law

Indian legislators introduced the Personal Data Protection Bill (PDPB) into parliament in December 2019. Recent policy changes by messaging company WhatsApp have resurfaced the need for a comprehensive bill like PDPB. The company is requiring Indian users consent to their data being shared with its parent company, Facebook. Meanwhile, citizens in the European Union are…
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The Washington Privacy Act is Back in Play

It’s been a turbulent journey for the Washington Privacy Act (WPA). When initially proposed in 2019, the legislation seemed like Washington’s answer to the California Consumer Privacy Act (CCPA), establishing a stricter approach to state-level data privacy. However, the bill narrowly failed to pass in 2019, meeting the same fate when reworked in 2020. Though…
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New York State Proposes Biometric Privacy Law

New York State legislators have proposed a private right to action with Assembly Bill 27–a proposed amendment to New York’s General Business Law (GBL). This amendment–also called the Biometric Privacy Act (BPA) –would allow consumers to sue companies for improperly collecting or using certain biometric data. Here’s our analysis:  What Qualifies As Biometric Data?  BPA takes…
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A Guide to The New Brexit Trade Agreement

The long-awaited Brexit agreement is here. The EU-UK Trade and Cooperation Agreement, which details the conditions of the UK’s relationship with the EU, took provisional effect on January 1, 2021. The agreement’s free trade and security frameworks have many data privacy implications--here’s what you need to know. Not Many Changes…For Now  When Brexit was voted…
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What We Can Learn From the SolarWinds Breach

SolarWinds, a network management software company, found itself the direct victim of an insidious malware breach last week that had been in the works for months. The hack involved the installation of malware onto an updated version of their software, which was downloaded by over 18,000 customers, including approximately 421 Fortune 500 companies–and large swaths…
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2021 Forecast for Data Privacy Legislation

2020 was a massive year for data privacy. New laws became effective all around the world and, in turn, organizations were forced to amp up their data privacy measures to comply. Data privacy regulations are only getting stricter, and that won’t change any time soon. There is no reason to expect 2021 to be any…
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ADCG Launches Data Privacy Law Comparison Tool

In 2018, the European Union launched its landmark data privacy law, the General Data Protection Regulation (GDPR). What followed can only be described as a wave of data privacy laws that swept the globe. Legislators from California to Brazil, to New Zealand have passed some form of data privacy law with the potential to impact…
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