November 28, 2021

Volume XI, Number 332

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Data Privacy Day: 2021 Trends to Watch

  1. EEA Cross-Border Transfers. The U.S. and the EU will work towards, and hopefully reach, a cross-border data transfer solution.

  2. RansomwareMore ransomware attacks and increased regulatory scrutiny of companies that pay ransom demands.

  3. Digital Advertising. Development of alternate marketing strategies, and perhaps more reliance on consumer opt-in, as privacy laws further erode traditional tracking and targeting approaches.

  4. COVID-19 Data Sharing. Entities involved in the COVID-19 response ecosystem will continue to have reporting, data sharing, and management requirements that vary based on jurisdiction.

  5. Access Requests. Businesses will make operational updates relating to employee and B2B data collection, geolocation, cross-contextual behavioral advertising and sharing to ensure compliance with the 12-month “look-back” requirement for access requests.

  6. State Privacy Legislation. Other states will join California and pass their own privacy laws, further complicating compliance for companies.

  7. FTC Investigations. With the Biden administration in place, there will be an increase in privacy-related regulatory investigations.

  8. Health Data Compliance. Further complications in health data compliance between state and federal law.

  9. Record Retention Policies. There will be increased focus on the appropriate retention periods and consumer notice of retention periods in the EU, and by 2023 in California under the CPRA.

  10. Privilege in Breach Investigations. There will be more litigation and guidance on steps to trigger and not inadvertently waive privilege in relation to third party forensic investigations.

 

©2021 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume XI, Number 29
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About this Author

Darren Abernethy Data Privacy Attorney Greenberg Traurig San Francisco
Of Counsel

Darren J. Abernethy is a data privacy attorney with more than a decade of experience, including in private practice in Washington, D.C. and as in-house counsel at startups and a leading privacy technology vendor. He advises clients on matters related to advertising technology, privacy and data governance, and FTC best practices.

Darren focuses on the California Consumer Privacy Act (CCPA), the European Union General Data Protection Regulation (GDPR)/ePrivacy, digital advertising, direct marketing, and product counseling.

415-655-1261
Shareholder

Ian Ballon is an intellectual property and Internet litigator who represents clients in copyright, DMCA, trademark, trade secret, right of publicity, privacy, security, software, database and Internet disputes and in the defense of data privacy, security breach, behavioral advertising, TCPA and other Internet-related class action suits.

Mr. Ballon, who splits his time between the firm's Silicon Valley and LA offices, is the author of the four-volume legal treatise, E-Commerce and Internet Law: Treatise With Forms 2d Edition, Thomson...

310-586-6575
Kate Black Shareholder GT Law Miami SF Data, Privacy & Cybersecurity Life Sciences & Medical Technology IP Technology Licensing & Transactions
Shareholder

Kate Black’s practice focuses on data privacy, information protection, and commercial transactions in consumer technology, digital health, life sciences, and genetics. Kate provides companies with comprehensive, practical strategies for meeting their regulatory obligations while building and maintaining public trust and advancing innovative and emerging models of health care research and delivery. She’s managed every aspect of global privacy programs, including supervising privacy assessments, providing product strategy and counseling, managing complex vendor and partner agreements, and...

305-579-0500
Gretchen A. Ramos, Lawyer, Greenberg Traurig, Data, Privacy & Cybersecurity,The Cloud,Artificial Intelligence, Big Data
Shareholder

Gretchen A. Ramos is Co-Chair of the Data, Privacy & Cybersecurity Practice and focuses her practice on privacy, cybersecurity, and information management. A creative problem-solver with a long track record of success in commercial disputes, she never loses sight of the simple fact that she works in a service industry. Clients appreciate not only her legal skills, but also her direct, no-nonsense approach to client service, including her bullet-pointed emails, snapshot executive summaries, and creativity in finding ways to streamline communications for in-house counsel with dozens of...

415.655.1319
Jena M. Valdetero Cybersecurity Lawyer Greenberg Traurig Law Firm
Shareholder

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on...

312.456.1025
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