The final version of the California Consumer Privacy Act of 2018 is coming into view.
On October 10, California’s Attorney General released the long-anticipated draft regulations to implement the CCPA, and on October 12, the Governor signed into law five amendments to the CCPA passed during the 2019 legislative session. (We previously discussed the CCPA
On October 11, 2019, the leaders of the Commodity Futures Trading Commission, Financial Crimes Enforcement Network, and Securities and Exchange Commission issued a joint statement to remind businesses that engage in digital asset activities of their anti-money laundering (“AML”) and countering the financing of terrorism (“CFT”) obligations under the Bank Secrecy Act (“BSA”).
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On October 3, 2019, the governments of the United Kingdom and United States signed the first-ever executive agreement governing cross-border data requests (the “Agreement”) pursuant to the US Clarifying Lawful Overseas Use of Data Act (“CLOUD Act”).[1] As contemplated by the CLOUD Act, the Agreement provides a mechanism for the governments to access and share data stored abroad by electronic communications services providers (“CSP”) in their respective countries in a timely manner. The Agreement will enter into effect following a 180 day Congressional review period required by the CLOUD Act and a similar review by the UK Parliament.
Continue Reading United Kingdom and United States Governments Sign First-Ever CLOUD Act Agreement
On September 24, 2019[1], the Court of Justice of the European Union (the “CJEU”) handed down its much anticipated follow-on judgment[2] in connection with an individual’s right to have links removed from search results displayed following a search of that individual’s name on Google’s search engine.
Building on its recognition of a “right to de-referencing” in its landmark 2014 Google Spain judgment[3] (establishing the so-called “right to be forgotten” or “RTBF”), the CJEU now further clarified the territorial scope of such right, and limited the de-referencing obligation to Google’s search engine websites corresponding to EU Member States, as opposed to all domain name extensions (e.g., the obligation applies to domain names with top-level domain (“TLDs”) corresponding to EU Member States, such as “google.fr” for France or “google.be” for Belgium). The Court added that Google may need to use, “where necessary”, measures effectively preventing or seriously discouraging an internet user from accessing (on other versions of the search engine, which are not subject to the de-referencing obligation) the links at issue from an EU Member State. As a consequence, Google has no obligation to remove the links at issue on all Google websites worldwide (such as on “google.com”), but may need to implement sufficiently effective measures to prevent Internet users from accessing the links from the EU.
Continue Reading RTBF Stops at the Border: CJEU Sides with Google on the Scope of De-Referencing
On September 18, 2019, the Securities and Exchange Commission (“SEC”) filed its first civil suit alleging violations of broker-dealer registration requirements in U.S. digital asset markets. In a case filed in the U.S. District Court for the Central District of California, the SEC alleged that Defendants ICOBox and its founder, Nikolay Evdokimov, illegally conducted an unregistered public securities offering for their 2017 initial coin offering (“ICO”), and have operated an unregistered brokerage service facilitating the launch of ICOs in digital asset securities since 2017.
Continue Reading SEC Files First Suit Against Alleged Unregistered Broker-Dealer Operating in Digital Asset Markets
One critical issue to consider in responding to an investigative request is whether by producing the requested data, the company will be waiving a privilege or violating legal confidentiality obligations, including data privacy restrictions.
Continue Reading Before You Press Send: Protecting Privilege and Complying With Limitations on Data Dissemination When Responding to an Investigative Request