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This article, which reviews the Canadian Consumer Privacy Protection Act, first seeks to identify the delta between the Act and PIPEDA in order to allow privacy officers of organizations that are already PIPEDA compliant to identify the net new compliance requirements under the Act and second, to highlight the provisions of the Act which, if breached, could lead to the imposition of significant fines.
In June 2022, Bill C-27, or “An Act to enact the Consumer Privacy Protection Act (the Act) and, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts” (Bill C-27) was introduced by the Minister of Innovation, Science and Industry, and underwent First Reading, as a replacement to the federal Personal Information Protection and Electronic Documents Act (PIPEDA). (This is in fact the second effort by the federal government to enact this replacement to PIPEDA. In 2021, Bill C-11 (An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts) — the mooted replacement for PIPEDA — passed Third Reading of the legislative process, but Canada then had a federal election, and as a result Bill C-11 died prior to being enacted.) Prior to the introduction of the Act, there were concerns that it would effectively be a “’Made in Canada’ GDPR”. However, while the Act has taken the lead from the EU General Data Protection Regulation in introducing financially enormous penalties, as well as the right of data portability and the right to be forgotten, enough of the original PIPEDA remains such that the Act is now effectively a PIPEDA/GDPR hybrid.
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New U.S.-China Investment Dynamic Focuses On AI and Sensitive Technologies
By David A. Holley
An Executive Order released by the Biden Administration on Aug. 9 places increased importance on due diligence when investing in specific foreign countries. The Executive Order will regulate outbound investments in China with a focus on key technologies critical to safeguarding U.S. national security, including artificial intelligence.
New York’s Latest Cybersecurity Commitment
By Erik B. Weinick
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York’s inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Data Breach Defense: Mobilizing Against Weaponized Mass Arbitration
By Daniella Main and Brooke Bolender
Most companies have experienced or will experience a data breach. Increasingly, companies also face the risks associated with mass arbitration weaponized by the overwhelming volume of claims after a breach.
By Wim Nauwelaerts
Businesses and organizations that (regularly) transfer personal data from the EU to the U.S. should carefully assess, on a case-by-case basis, whether it makes sense to rely on the new EU-U.S. Data Privacy Framework or to use one of the other data transfer tools that are available under the GDPR.