What is the Cookieless Future?

With this post, we are excited to announce the launch of our Cookieless Future Webinar Series. The Association of National Advertisers will host our first program on Thursday, July 29. Register here to attend free.

The so-called “cookieless future” is a result of Google’s planned deprecation of third-party cookies on its Chrome browser, which it announced in January 2020. With a significant amount of digital advertising activities being dependent on information collected by third-party cookies, Google and the rest of the advertising technology industry, as well as publishers and advertisers/marketers, are developing and seeking out alternatives. Central to the non-Google technology will be alternative ID solutions based on information other than cookie IDs, such as email addresses. Because the effectiveness of an organization’s use of certain cookie replacements, such as alternative ID solutions, will likely hinge upon the quality and amount of its first-party data, many companies are amassing troves of first-party data in a variety of ways.

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Your NFT Playbook

Overview

The buzz surrounding non-fungible tokens (NFTs) reached a fever pitch with the US$69 million sale of an NFT by digital artist Beeple in March 2021. While artwork has remained the predominant use of NFTs – and generated a good deal of media hype along the way − companies across a variety of industries are coming up with new and innovative use cases for NFTs – and turning to our multidisciplinary global team for guidance in the uncharted territory surrounding these digital assets.

First: What Is an NFT?

NFTs are unique tokens based on blockchain technology. Unlike cryptocurrency tokens such as bitcoin, which are fungible, NFTs are digitally unique – no two NFTs are alike. The unique nature of NFTs, as well as the security and other advantageous features of blockchain technology, provide a number of unique benefits, including:

  • Verification of ownership and authenticity
  • Driving of value of digital assets through scarcity
  • Built-in smart contracts for re-sale royalties for artists and other NFT creators
  • Decentralization of digital asset ownership, management and transfers (in other words, independence from large platforms)

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First CA Consumer Rights Requests Metrics Reporting Due

CCPA-California-Consumer-Privacy-ActThe deadline is fast approaching for businesses that buy, receive, sell, or share the personal information of 10 million or more California consumers to report their California Consumer Privacy Act (“CCPA”) rights requests metrics. On July 1, 2021, these businesses must report certain data (outlined below) in their privacy policy or elsewhere online accessible via a link in their privacy policy.

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New Laws on Biometric, RFD and Other “Sensitive” Data Collection and Use

Regulations governing biometric data collection, use, and processing have already been complex and strict with the Illinois’ Biometric Information Privacy Act (“BIPA”) as well as the biometrics laws in Washington and Texas. BIPA, which has a private right of action, has generated a flood of class action litigation. New York City has recently added to the mix by passing two new biometrics laws, the Tenant Data Privacy Act (“TDPA”) and an amendment to the New York City Administrative Code (“NYC Administrative Code”), both of which set forth requirements when it comes to processing of biometric data that expand consumers’ rights and impose obligations on processing biometric data.

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New Competition Regulations Aimed at Big Tech

Big DataOn June 11, 2021, the US House introduced five antitrust bills aimed at Big Tech. At the same time, across the Atlantic, a meeting in Cornwall, England, of the Group of Seven world leaders ended with a joint communique calling for cooperation on a number of digital matters.

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SPB speaks at Cyber Security & Data Privacy ConfEx

Squire Patton Boggs is pleased to announce senior associate, Kristin Bryan will host a presentation during the Cyber Security & Data Privacy ConfEx. This case study presentation, titled, “What Do the Next Four Years Hold for Cyber Security & Data Privacy in the USA Region?” will take place June 16, 2:20-3:00pm PDT. Topics will include, how organizations are seizing opportunities presented by their digitization journey, addressing unique cybersecurity and trust challenges in the U.S., maintaining control of your data, and building a competitive advantage, as well as understanding how your data is managed.

For more information about this conference or to register, please visit the Cyber Security & Data Privacy ConfEx website.

#GLC2021

New Standard Contractual Clauses for the Transfer of Personal Data Outside the EEA – Adopted On the Eve of Publication

The much-awaited new Standard Contractual Clauses (“SCCs”) have been adopted by the European Commission on June 4, 2021 and should be published in the next few weeks.

The nPadlock and EU flagew SCCs will go into effect twenty (20) days following publication in the Official Journal of the European Union (“EU”) and the old SCCs will be repealed three months after that date (“Date of Repeal”).

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Informational Privacy as a Branding & Asset Management Opportunity

Informational privacy is a hot topic. Just recently new privacy laws in California and Virginia have brought Europe-inspired requirements on how companies process personal information to the US.

Data is a valuable, but challenging asset.

Organizations can only meaningfully protect, and effectively make the most of, their digital assets if they know what data they have, the usage limitations that apply to it and where it resides and who has access to it. Data management is a huge challenge for organizations in the modern hyper-connected tech-enabled world; yet challenges can be turned into opportunities by organizations willing and able to step-up to them.

Data management is not just about legal compliance.  In many ways, it comes down to branding. Continue Reading

China Issues Draft Interim Measures on Personal Information Protection of Mobile Internet Applications

China continues to be a hotbed of activity in the areas of privacy and cybersecurity legislation.  For background on the draft Personal Information Protection Law (“PIPL”) and proposed modifications published in April 2021, please see:

China’s Personal Information Protection Law: What It Means to Companies (Client Alert)

China Releases Second Draft of the Personal Information Protection Law: Comparison of Proposed Changes to First Draft (Security & Privacy // Bytes Blog)

China’s Personal Information Protection Law (Second Draft) – What to Expect (Consumer Privacy World Blog)

In a related development, on April 26, 2021, the Ministry of Industry and Information and Technology of People’s Republic of China (the “MIIT”) issued draft Interim Measures on Personal Information Protection of Mobile Internet Applications “Measures”), for public comments.

This draft Measures follow several rounds of enforcement actions relating to mobile applications (“apps”) in recent years, targeting the over-collection of users’ personal information (“PI”) by demanding access to camera, microphone, photos, contact lists, etc. Currently, these activities are covered by two app-related practical guidelines, and the proposed Measures are the first comprehensive rules on the topic. The draft Measures specify various requirements and obligations applicable to app developers, distribution platforms, third-party app service providers, mobile device manufacturers and network access service providers. Other important provisions may be summarized as follows: Continue Reading

China Releases Second Draft of the Personal Information Protection Law: Comparison of Proposed Changes to First Draft

On April 29, 2021, the National People’s Congress Standing Committee of the People’s Republic of China released a second draft of the Personal Information Protection Law (the “PIPL”) for public comment. In general, the second draft does not deviate much from the prior version released in October 2020. For further details on the original draft of the PIPL, please see our previous blog and client alert.

China’s Personal Information Protection Law: What It Means to Companies (Client Alert)

China’s Personal Information Protection Law (Second Draft) – What to Expect (Consumer Privacy World Blog)

We have summarized the highlights of the proposed changes contained in the second draft below: Continue Reading

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