The European Data Protection Board (“EDPB”) plans to release further guidance in the coming months on specific steps that companies can take to export personal data from the European Economic Area to locations in the United States following a major shakeup in the law earlier this year.  Although the EDPB issued only initial FAQs shortly after the change,...

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The Federal Trade Commission (“FTC”) settled charges with Age of Learning—the operator of ABCmouse, a digital learning program for children—that the company: (1) failed to disclose material auto-renewal terms, (2) did not obtain consumers’ express consent to recurring subscription charges, and (3) misrepresented its cancellation policies and procedures in failing to provide a simple cancellation mechanism. The...

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Another Privacy Shield Bites the Dust

September 9, 2020 | 0 Comments

While not outright eliminating the Swiss-U.S. Privacy Shield, the Swiss Data Protection Authority, the Federal Data Protection and Information Commissioner (FDPIC), announced in a position paper on September 8, 2020 that he no longer considers the Swiss-U.S. Privacy Shield adequate for the transfer of personal data from Switzerland to the U.S.  The Commissioner’s position paper follows an annual assessment...

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Today, Apple confirmed that it will delay the launch of its iOS 14 AppTrackingTransparency feature until early next year. However, Apple still intends to release iOS 14 this fall, along with its new privacy “nutrition labels” and other privacy features.  AppTrackingTransparency Framework Delayed The AppTrackingTransparency framework seeks to give users more control over whether advertisers can...

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This article was originally published in the IAPP Daily Dashboard on August 19, 2020. By invalidating the EU-U.S. Privacy Shield but not rejecting wholesale the use of standard contractual clauses to transfer data to the U.S., the Court of Justice of the European Union in “Schrems II” left open the possibility that such transfers could...

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We are seeking candidates for our 2021-2022 Fellowship Program. The program presents a unique opportunity to work with and learn from some of the most experienced privacy and data security lawyers representing the biggest names in technology, and it’s a great place to start your career, just ask former Fellows: “ZwillGen was a fantastic place...

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On July 22, 2020, the Federal Trade Commission (“FTC”) issued revised FAQs regarding the Children’s Online Privacy Protection Act and the FTC Rule issued thereunder (together “COPPA”). The COPPA FAQs provide practical guidance to help operators of commercial websites and online services determine if COPPA applies to them and how to comply. The FTC explained that the revisions...

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On July 9, 2020, the Italian Data Protection Authority (“Garante”) issued a 16.7 million euro fine against Wind Tre S.p.A., an Italian telecom operator, for a number of unlawful data processing activities related to direct marketing under the General Data Protection Regulation (“GPDR”). Following an extensive investigation and several complaints, the Garante found Wind Tre sent unsolicited...

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Today the Court of Justice of the European Union (“CJEU”) ruled that: The EU-U.S. Privacy Shield framework (“Privacy Shield”) is no longer a valid mechanism for exportation of personal data from the European Economic Area (“EEA”) to the United States. This is primarily because, in the CJEU’s view, the Privacy Shield fails to remedy two problems with...

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The Delaware Supreme Court reversed a lower court decision to impose a $7.3 million judgment against Overstock.com for concealing gift card balances from the Delaware Escheator. The Court determined that the lower court misapplied the Delaware False Claims and Reporting Act (“DFCRA”) and incorrectly instructed the jury that Overstock’s failure to file their annual escheat reports was...

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