Data Protection

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Following the trend towards comprehensive state consumer data privacy laws over the past half decade, five more states—New Jersey, New Hampshire, Kentucky, Nebraska, and Maryland—have passed their own such laws since the beginning of this year alone. Joining the ranks of California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, Oregon, Tennessee, Texas, Utah, and Virginia, these five states bring the total number of states with comprehensive state privacy laws to 17 (or 19, if you count more narrowly scoped privacy laws in Florida and Nevada), a near 50% increase in states with comprehensive privacy laws in only five months. New Jersey led the charge at the beginning of 2024, with Governor Phil Murphy signing the New Jersey Privacy Act (NJPA) on January 16. Next followed New Hampshire Governor Chris Sununu’s signature on SB 255 (acronym surely soon to follow). Kentucky (KCDPA) and Nebraska (NDPA) were next, signing laws on April 4 and 17, respectively, and Maryland rounded out this wave of privacy legislation when Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 (MODPA) into law on May 9.Continue Reading Five State Privacy Laws in Five Months

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On February 26, 2024, the National Institute of Standards and Technology (“NIST”) released version 2.0 of its Cybersecurity Framework (“CSF 2.0”)—the first significant update to the cybersecurity guidance since its initial publication a decade ago.[1] While the original guidance was tailored to critical infrastructure entities, the new version has a broader scope and applies to organizations of all sizes across industries, from large corporations with robust data protection infrastructure to small schools and nonprofits that may lack cybersecurity sophistication.[2] CSF 2.0 notably incorporates new sections on corporate governance responsibilities and supply chain risks; additionally, NIST has released supplemental implementation guides and reference tools that can assist organizations measure cybersecurity practices and hone data protection priorities.[3]Continue Reading NIST Publishes Long-Awaited Cybersecurity Framework 2.0

Megan Baca moderated Ropes & Gray’s annual “From the Boardroom” panel – held in San Francisco during the 2024 J.P. Morgan Healthcare Conference – which this year looked at the role of artificial intelligence and big data in the context of dealmaking. It can feel hard to escape AI at the moment, with some debate as to whether AI is currently over-hyped or in fact at a transformational tipping point. Continue Reading Dealmaking with AI and Big Data – Charting the new frontier in life sciences

In a Law360 article, IP transactions and technology partner Regina Sam Penti, IP transactions counsel Georgina Jones Suzuki and IP transactions associate Derek Mubiru analyzed the recent trend of artificial intelligence (AI) providers offering indemnity shields and urged businesses to exercise caution in relying on these indemnities.

In response to a number of…

For the second day of data, we are taking a look around the world. The most significant new international data protection law of 2023 is probably India’s long-awaited comprehensive data protection law, the Digital Personal Data Protection Act, 2023 (the “DPDP Act”). The DPDP Act was enacted and notified in the Official Gazette on 11 August 2023. The law will not come into effect until the government provides notice of an effective date, which is still forthcoming, with different effective dates expected for different provisions. Last month, Rohan Massey, co-leader of Ropes & Gray’s data, privacy & cybersecurity practice, sat down with Sajai Singh, a partner at J. Sagar Associates in Bangalore, to discuss the law.Continue Reading Unpacking India’s Digital Personal Data Protection Act

On October 10, 2023, Governor Gavin Newsom signed into law the California Delete Act, which imposes new requirements on “data brokers.” Because of the California law’s broad definition of the term “data broker,” the law will apply to many businesses that would not typically think of themselves as engaged in buying and selling data.  The Delete Act will require such “data brokers” to make new disclosures and, beginning in 2026, respond to bulk deletion requests submitted via a mechanism established by the California Privacy Protection Agency (CPPA), which is likely to prove onerous.  Unlike current deletion requests, which are sent on a one-off basis to specific businesses, the Delete Act will require these requests to be honored by all businesses registered with the CPPA as a data broker simultaneously.  As a result, data brokers will see a significant increase in the volume of such requests they are required to process.  Additionally, beginning in 2028, data brokers will be required to undergo costly third-party compliance audits. Continue Reading California Adopts “Delete Act”:  New Requirements for Data Brokers

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On this episode of the R&G Tech Studio, mergers & acquisitions partner Sarah Young sits down with data, privacy & cybersecurity partner Fran Faircloth to discuss how she advises clients on all aspects of corporate strategy, and whether she thinks artificial intelligence and machine learning will impact her clients in the months and years…

With the onslaught of state privacy laws passed earlier this spring and summer, the Texas Data Privacy and Security Act (the “TDPSA”) signed into law on June 18, 2023, may not have received its due.  Although largely following the template set in other states, the Texas law is unique among the non-California comprehensive privacy laws in tying its scoping criteria to the size of a business rather than to a threshold number of data subjects whose information a business processes annually—typically 100,000 state residents.  The company must also (1) conduct business in Texas or produce a product or service consumed in the state and (2) process or “sell” personal data (more on the definition of “sell” below, which would include many disclosures made through online advertising).  As a result, many mid-market businesses that process smaller amounts of data (falling under the 100,000-resident threshold applicable in many states) could still be required to comply.Continue Reading Texas Data Privacy and Security Act Could Impact More Businesses

On 22 May 2023, the Irish data protection regulator (DPC) announced that it had issued a record-breaking €1.2 billion fine in a decision relating to non-compliant EU-to-U.S. data transfers under the GDPR. This fine imposed by the DPC substantially overshadows the previous record of €746 million under the GDPR, and raises several concerns for organisations transferring personal data from the EU to the U.S.Continue Reading From Likes to Strikes: The Implications of the Record-Breaking EU €1.2 Billion GDPR Fine