On Monday, April 20th, the Supreme Court accepted cert in Van Burien v. United States to (hopefully) resolve a longstanding circuit split regarding the Computer Fraud and Abuse Act (or CFAA): Does an individual exceed authorized access when he or she accesses a computer contrary to a policy or agreement limiting access (i.e., accessing a computer for a purpose beyond those permitted by the company). READ MORE
Cybercriminals are known to attack networks and individuals at inopportune times of crisis—and the coronavirus pandemic unfortunately presents just such an opportunity as millions are accessing corporate networks and databases from home. This past weekend New Jersey and Connecticut joined the growing list of jurisdictions (e.g., California, Delaware, Illinois, Louisiana, Ohio, and New York) to issue orders effectively requiring non-essential workers to avoid the workplace, and in some cases, to shelter-in-place. READ MORE
On March 10, Orrick lawyers Shannon Yavorsky, Rebecca Harlow, Brett Cooper and Julie Totten recorded a discussion about COVID-19 operational issues associated with managing employees and businesses, including covering the topic of cyber vulnerability. The conversation shares insights into how COVID-19 is creating increased cybersecurity and privacy risks as companies prepare for the spread of the virus and are forced to adapt to a new way of doing business. This video is a segment from a one-hour CLE program entitled “The Early Legal Impact of COVID-19.” To view our video and the full length CLE click here. READ MORE
Happy New Year! At long last, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect yesterday, January 1, 2020. For those who have not yet heard, the CCPA establishes a comprehensive legal framework to govern the collection and use of personal information, both online and offline, and provides unprecedented privacy rights to California consumers, in effect becoming the de facto national standard for U.S. privacy law. The law introduces new legal risks and considerations for companies that collect information from California consumers, due to the law’s expansive scope, broad definition of personal information, increased disclosure obligations, enhanced consumer rights, potential for statutory fines and, in the event of a security incident, the potential for consumer class action litigation. READ MORE
On June 28, 2019, the German parliament (Bundestag) passed new legislation imposing several changes to the current German Federal Data Protection Act (“BDSG”). Although many of the changes addressed privacy aspects of criminal proceedings, the new legislation makes an important change for small companies by increasing the threshold to designate a Data Protection Officer (“DPO”). Whereas currently companies have to designate a DPO if they constantly employ at least 10 employees who deal with the automated processing of personal data, the new legislation increases the minimum number of employees from 10 to 20, significantly decreasing the financial and administrative burden for small companies doing business in Germany. This article explains the changes and their impact and explains what companies should do.
Webinar (recording available) | June.25.2019
California was the first U.S. state to enact a sweeping new privacy law, known as the CCPA, with an effective date of January 2020. Nevada has now enacted a scaled-down version of the CCPA that is slated to take effect even sooner – as early as October 2019.
Today, Orrick announced the launch of our automated CCPA Readiness Assessment Tool which helps businesses globally determine whether they are covered by the California Consumer Privacy Act (CCPA) and, if yes, their readiness to comply with the new law that is revolutionizing the United States privacy landscape. This free tool is available to all organizations and takes 10-30 minutes to complete. It segments the CCPA into five workable themes and guides users through a series of dynamic questions relating to each theme. Upon completion of the questionnaire, the tool provides a free and comprehensive readiness assessment tailored to the business’s unique positioning and individual needs.
(Editors’ note: Thanks to Orrick trainee associate, Arne Senger, for his help with this blog post.)
With its recent ruling in Bărbulescu v. Romania (application no. 61496/08), the Grand Chamber of the European Court of Human Rights (ECHR) made a decision of enormous impact for employers in Europe. The decision makes clear that even when private use of business resources is prohibited, employers do not have unlimited access to all communications that occur on corporate systems.
Companies should carefully review their policies to ensure that they can access their corporate IT equipment, at least to the extent permitted by European data privacy law. READ MORE