Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
U.S. Regulators Lift the Curtain on Data Practices with Assessment, Reporting and Audit Requirements
California enacted the California Consumer Privacy Act (CCPA) in 2018, which was the first of its kind in the U.S. and drew inspiration from Europe's General Data Protection Regulation (GDPR). Following California's lead, other states, including Colorado, implemented their own laws and regulations. California further strengthened its legislation in 2020 through a ballot initiative known as the California Privacy Rights Act (CPRA).
Unlike the GDPR, the first generation CCPA was light on affirmative due diligence requirements and many companies designed data privacy and protection programs that were little more than window dressing (e.g., privacy policies and a consumer rights request process). In the second generation of state consumer privacy laws and regulations, as well as in recent laws pertaining to the privacy of minors (such as in California and Connecticut), numerous states require affirmative due diligence and a structured approach for conducting and documenting risk assessments and associated remediation. The assessment documentation must be available for review by regulators, and the CPRA requires risk assessments to be filed with the state, a requirement that is currently under consideration in a condensed form with certification by the executive officer. This means that companies subject to the applicable state privacy laws need to develop or refine their data inventory and assessment practices as a top priority in 2024 to be prepared for the coming enforcement of these requirements.
This premium content is locked for Cybersecurity Law & Strategy subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.