California Enacts Consumer Privacy Act


The California Consumer Privacy Act’s swift passage is the result of a compromise reached between the backers of a ballot initiative and California legislators. There are similarities and differences between the Privacy Act and the European Union’s General Data Protection Regulation (GDPR) regime, but one thing that is common to both is the need for covered entities that collect or process the personal data of data subjects to understand what personal data is collected, why it is collected, how it is used, and with whom it is shared – in other words, core information governance principles.

The new law is the most comprehensive state privacy law passed to date. It will go into effect January 1, 2020 and comes on the heels of the GDPR which became effective on May 25, 2018.

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Stay In Touch! Email Marketing After the GDPR


Part I: Untangling the GDPR and the e-Privacy Directive

This is the first post in a four part series on GDPR and email marketing.

Your email in-box has probably finally recovered from the wave of GDPR opt-in requests and notices that peaked around May 25th. But, if you’ve followed the privacy press or the statements from EU regulators, you’re probably left wondering what it was all for. Many statements made in news stories (both in the U.S. and the EU) and by commentators have claimed that the GDPR means no one can send marketing emails any more without your permission. But, other stories suggest that the opt-in emails and privacy notices were unnecessary or, even, inappropriate. Who’s right? And what email marketing is allowed now?

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Information Governance Can Still Help Your Organization with GDPR Compliance


The highly-anticipated enforcement date of May 25th has come and gone, but the opportunity to use information governance (IG) to bolster your organization’s compliance with the EU General Data Protection Regulation (GDPR) still exists.

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GDPR and ECHR Make One Thing Abundantly Transparent: The Significance of Transparency


Providing data subjects with meaningful information regarding the processing of their personal data and their rights with respect to such processing is an axiom of privacy law—and a key requirement under the General Data Protection Regulation (GDPR).

The significance of this principle of transparency was recently highlighted by the European Court of Human Rights (ECHR) in Bărbulescu v. Romania where the court affirmed an employee’s right to privacy when using communications tools in the workplace due, in part, to the employer’s failure to provide adequate notice regarding its internet monitoring activities. This post briefly discusses the principle of transparency under GDPR and its application to the Bărbulescu case.

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Webinar Series: Preparing for the General Data Protection Regulation (GDPR)


The new General Data Protection Regulation (GDPR) is the EU’s most important change in data privacy regulation in 20 years, replacing the 1995 Data Protection Directive.

In our ongoing series of GDPR-focused webinars, we guide attendees through the (GDPR) provisions, which will take effect on May 25, 2018 for all companies conducting business with EU citizens.

With the deadline for compliance quickly approaching, these sessions provide practical, detailed advice on preparations, as well as developments related to GDPR compliance preparations. We have included links to each of these sessions and a summary of what was covered below.

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Death, Taxes and Cybersecurity


If Ben Franklin were alive today, he would add cybersecurity to his famous quote “…in this world nothing can be said to be certain, except death and taxes.”  Cybersecurity is top of mind in every organization in part because of the recent massive ransomware attacks, new federal and state regulations (including the New York Division of Financial Services’ Cybersecurity Regulation) and the upcoming effective date of the European Union’s General Data Protection Regulation (GDPR).  There is no one-size-fits-all solution for organizations that want to shore up their cybersecurity vulnerabilities, but there are a lot of useful reports and advice from federal government agencies.

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