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Data Flows in a Modern World

Data flows are the lifeblood of trade in digital services. Despite this, a growing number of jurisdictions are restricting cross-border data flows and implementing localisation requirements, often in the name of data sovereignty. There are two facets to this issue: data localisation and data transfer regimes, which we consider in this article

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Tech

Digital trade: an evolving concept and legal landscape

The concept of "digital trade" does not have a universally recognised definition. It is commonly used to refer to both the online trade in goods and services and the physical trade in goods that is enabled though digital means (such as electronic customs clearance technology, enterprise freight management software or blockchain). For example, the OECD defines digital trade as "digitally enabled transactions of trade in goods and services that can either be digitally or physically delivered".

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Data

Beyond adequacy: working together to ease multi-jurisdictional privacy compliance

International trade in digital goods and services relies on the sharing of data across borders. As an increasing number of countries introduce and update data protection laws, complying with requirements across jurisdictions is becoming increasingly complex. Cross-border data governance is a significant, and seemingly ever-growing, cost of doing business.

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Data

The Data Act: A proposed new framework for data access and porting within the EU

The proposed Regulation seeks to redefine rules and practices on data access and use in order to foster data (re)use.

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Data

Next steps after U.S. President Biden issues Executive Order on U.S. data transfers from 'qualified states'

On 7 October 2022, U.S. President Joe Biden issued an Executive Order "On Enhancing Safeguards for United States Signals Intelligence Activities" (the Order) to effectuate the preliminary agreement between U.S. President Biden and European Commission President Ursula von der Leyen for promoting trans-Atlantic data flows. The Order does not establish a mechanism for transfers of personal data from the EEA to the U.S., but is expected to pave the way for an adequacy decision from the European Commission in due course, which would permit such trans-Atlantic personal data flows.

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Data

E-Privacy check-in: where we are, and where we're headed

Are we any closer to EU institutions reaching an agreement on the final regulation text

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US Data Laws Focus

Data

Colorado joins California and Virginia with a comprehensive data privacy law

The Colorado Privacy Act (CPA) will give Colorado consumers certain rights with respect to their personal data. The new law will go into effect on 1 July 2023

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Data

Connecticut Data Privacy Act Becomes Nation's Fifth State Privacy Law, Setting Stricter Standards

The Act is the latest stitch in the patchwork of state and federal privacy laws that is growing ever more complex. And as has become a trend, while the law shares many similarities with its counterparts in other states, the Act also has certain unique provisions that companies that do business in Connecticut will need to carefully consider before the law goes into effect on July 1, 2023

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Data

Utah Becomes Fourth State To Pass Consumer Privacy Act, First With Republican-Controlled House And Senate

On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act into law, making Utah the fourth state to pass a comprehensive consumer privacy law

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US Lawmakers Release Draft of Comprehensive Federal Data Privacy Bill

On June 3, 2022, a coalition of lawmakers from the United States House and Senate released a discussion draft of the American Data Privacy and Protection Act ("ADDPA). The 64-page bill represents a crucial bipartisan and bicameral compromise1 to give Americans unprecedented rights over their data.

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One "Fine" Day? Insights from the first fine issued by the California Attorney General under the CCPA

On August 24, 2022, the California Attorney General (CAG) announced a $1.2 million settlement with Sephora to resolve allegations that the consumer goods retailer violated the California Consumer Privacy Act (CCPA) by failing to disclose to consumers that it was selling their personal information. The settlement is notable not only because it is the first civil penalty issued under the statute, but also because it confirms a broad interpretation of what constitutes a "sale" of personal information under the law and the requirement for websites to respond to global privacy controls.

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Virginia passes the Consumer Data Protection Act

2021 is projected to be a pivotal year in privacy legislation and the year is off to a fast start. On2nd March, the Commonwealth of Virginia became the first state to enact a comprehensive consumer privacy law in 2021. The Virginia Consumer Data Protection Act draws heavily from the California Consumer Privacy Act and the EU General Data Protection Regulation and will impose significant new obligations on certain companies that process personal information of Virginia residents. The new law will go into effect in 2023.

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Data

Big Tech : The surge of GDPR claims from consumer protection associations - European Court of Justice decision strengthens position of Consumer Protection Associations

We look at the European Court of Justice's recent decision which ruled consumer protection associations may bring representative actions against data protection violations

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Data

Google Analytics declared illegal in France –'Big Tech' and business competitiveness at risk in the EU

As it stands, the future of Google Analytics in the EU looks quite compromised. Certain workaround options could be explored but they do not seem to be sufficient.

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Data

Texas AG Sues Meta (FKA Facebook) Over Biometric Data Collection and Use

More facial recognition woes for Facebook

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Upcoming events

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Webinar: Insights on Financial Regulation: European crypto regulation – MiCA

Clifford Chance is holding a series of Insights on Financial Regulation calls in relation to the recently agreed EU Markets in Crypto-assets Regulation (MiCA). Throughout the series, our panels will bring together experts from across our European network who will outline the new requirements under MiCA. Join us for: MiCA - an overview (24th November ) MiCA for custodians (1st December) MiCA for stablecoin issuers (15th December) and  MiCA for exchanges, brokers and other venues  (5th January 2023)

 

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