In brief Companies operating in India should note that India’s Digital Personal Data Protection Act (“DPDPA”) is expected to come into effect by the end of 2024. India enacted the DPDPA, its first comprehensive data privacy law on August 11, 2023. The DPDPA largely aligns with the European Union’s General Data Protection Regulation (“GDPR”) and the California’s Consumer Privacy Act (“CCPA”) but includes unique, consumer-friendly features, such as expanded consumer rights and newly established requirement…
After seven years of discussion, on 26 August 2024, the Chilean congress finally approved the reform of the Chilean Data Protection Act (“Reform” and “Act”, respectively). The Act is heavily influenced by the General Data Protection Regulation. The key changes introduced are as follows: Deep dive on the Reform The Reform is expected to be published within the next few weeks. Once published, the implementation will take 24 months, providing time for (i) companies to…
Welcome to the next edition of our quarterly HR Privacy newsletter, designed to keep you updated with key cases, enforcement action, legal developments, trends and news relating to employment/HR data privacy matters, which is brought to you by the Baker McKenzie EMEA Employment and Compensation practice group. This edition explores high-profile case-law decisions and enforcement action, new consultations, regulations, guidance and relevant news in the EU, UK, Austria, Germany, Italy, South Africa and Spain markets.…
This article was originally published by IAPP linked here. Recent global developments offer a glimpse into the future of cross-border data regulation. Historically, such regulations have focused on restrictions of cross-border transfers of personal data to achieve public policy goals on individual privacy rights. Today, cross-border data regulations are starting to cover a broader array of data, such as personal data, nonpersonal data and other company information, for a diversified range of public policy purposes…
Latin America is experiencing a dynamic shift in its regulatory environment, particularly in the technology sector. Countries across the region are actively updating and introducing new laws to address the rapid advancements in technology and the growing importance of data protection, cybersecurity, and digital finance. These developments are crucial for fostering innovation, ensuring consumer protection, and maintaining competitive markets in the region. Our regional round-up outlines the key legislative and regulatory changes shaping the tech…
“Neural data” is the newest addition to the ever expanding California Consumer Privacy Act (CCPA). Signed into law on September 28, 2024, SB 1223 amends the CCPA to add “personal information that reveals neural data” to the categories of personal information that constitute sensitive personal information. It further amends the CCPA to define “neural data” as “information that is generated by measuring the activity of a consumer’s central or peripheral nervous system, and that is…
The California Privacy Protection Agency has issued an Enforcement Advisory on the topic of dark patterns. The California Consumer Privacy Act uses the term “dark patterns” to refer generally to user interfaces that subvert or impair consumers’ autonomy, decisionmaking, or choice when asserting their privacy rights or consenting to personal information processing activities. For example, when businesses provide choices to consumers, such as via cookie banners or in privacy preference centers, choices must be clear…
In recent years, both U.S. state and federal legislatures have intensified efforts to enact laws aimed at safeguarding minors in the digital world. However, several court rulings have found that these legislative actions overstepped constitutional limits. This article highlights key legislative initiatives at the U.S. federal level and in California and Texas to protect children and teenagers online, and lawsuits challenging the legality of the California and Texas measures, as of early September 2024. Federal…
Following the passing of the Personal Data Protection (Amendment) Bill 2024 (“Bill”) by the Malaysian Parliament in July 2024, three public consultation papers have been issued in relation to the implementation of the following impending new legal obligations: The deadline to provide feedback is 6 September 2024 (Friday). Contents: In more detail We have earlier highlighted in our client alert some of the key changes brought by the Bill to the Personal Data Protection Act 2010 (PDPA) and that certain…
Abstract The recently introduced American Privacy Rights Act (APRA) represents the latest attempt to pass a comprehensive federal privacy law in the US that would govern privacy generally across the country. The draft bill proposes novel compromises on controversial topics such as federal preemption and rights of private action, which need refinement and will likely be changed in the legislative process. The attempt to cover not-for-profit entities without accounting for their different purposes seems ill…