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Perkins on Privacy

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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. Subscribe 🡢

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What is the US-UK Data Access Agreement and Why Does it Matter?

This is the second in a series of updates addressing the bilateral data access agreement (Data Access Agreement or agreement) between the United States and the United Kingdom. View blog post
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This is Not a Drill: CPPA Gets Closer to Finalizing Certain Privacy Regulations

While candy sales skyrocketed and trick-or-treaters donned costumes this past Halloween weekend, the California Privacy Protection Agency (Agency) Board was busy holding its first public meeting since September. View blog post
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Western States Continue To Shape US Privacy Landscape: Colorado CPA and California CPRA

The Colorado attorney general's office sent shockwaves throughout the privacy world on September 30, 2022, when it published its proposed Colorado Privacy Act (CPA) draft rules (Draft Rules).

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World Cybersecurity

President Biden Issues Executive Order Regarding Signals Intelligence Activities, Clearing Way for New Trans-Atlantic Data Privacy Framework

President Biden issued an executive order (EO) increasing protections and safeguards for personal data subject to signals intelligence activities.

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The EU’s Digital Services Act: A Paradigm Shift for Online Intermediaries

Following the European Council's approval last week, the Digital Services Act (DSA) has been officially adopted, starting the countdown to the law's entry into force later this year.

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2022 Breach Notification Law Update: State and Federal Requirements Continue To Evolve

2022 has been relatively quiet as it relates to state updates to breach notification laws, but Maryland made significant alterations to its general data breach notification law. View blog post
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FTC Sues Data Broker for Alleged Unfair Act of Selling Precise Geolocation Data

The Federal Trade Commission filed a lawsuit against data broker Kochava Inc., alleging that the company's sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act. View blog post
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China Increases Security Measures on Cross-Border Data Transfers

The Cyberspace Administration of China released the Measures for the Security Assessment of Cross-Border Data Transfer on July 7, 2022, to regulate cross-border data transfers in accordance with the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law. The measures went into effect on September 1, 2022.

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CISA Seeks Input on New Cybersecurity Reporting Requirements

The Cybersecurity and Infrastructure Security Agency seeks public input on regulations that will set new mandatory cybersecurity reporting requirements for critical infrastructure companies. Open questions include the following:

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FTC Kicks Off Wide-Ranging Privacy Rulemaking

On August 11, 2022, the Federal Trade Commission (FTC) issued an advance notice of proposed rulemaking (ANPRM), kicking off its long-awaited rulemaking on commercial surveillance and data security.

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Retailers: What to Consider as You Offer Virtual Try-On Features

Online shopping and the use of virtual try-on technology continue to grow in popularity. Retailers today have a number of options when considering how to bring virtual try-ons to consumers. These range from licensing third-party technology to integrate virtual try-on within their own e-commerce channels to partnering with an online shopping network that offers the feature as an add-on.

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Recent Settlement Highlights Cybersecurity Whistleblower Risk for Government Contractors

The U.S.

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California’s Consumer Privacy Protection Agency Publishes First Set of Draft CPRA Regulations

Last week, the Consumer Privacy Protection Agency (Agency) Board rounded out the first half of 2022 by releasing draft California Privacy Rights Act (CPRA) regulations. This first set of CPRA regulations focus on updating existing California Consumer Privacy Act (CCPA) regulations to account for the new provisions of the CPRA and addressing specific areas such as Agency audits and enforcement.

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FCC Requires Gateway Providers to Combat Foreign-Based Robocalls

The Federal Communications Commission recently adopted certain final rules, policies, and proposed rules to "stem the tide of foreign-originated illegal robocalls." The FCC Order targets so-called "gateway providers," which are U.S.-based intermediate providers that receive calls directly from a foreign provider or its U.S.-based facilities before transmitting the calls downstream.

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China Releases the First National Standards on Privacy Policy for Public Comment

The National Information Security Standardization Technical Committee issued a draft of the new national standards on May 26, 2022. The new draft—Information Security Technology: Requirements of Privacy Policy of Internet Platforms, Products and Services—is available for public comment until July 25, 2022.

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