GDPR Enforcement Notice to AggregateIQ

On July 6, the Information Commissioner’s Office (ICO) issued their first Enforcement Notice to AggregateIQ (AIQ) under the General Data Protection Regulation (GDPR) and the United Kingdom’s Data Protection Act (DPA). The GDPR is a law regulating data protection and privacy as well as the export of personal data outside of the European Union (EU). It became enforceable on May 25, 2018. The DPA supplements the GDPR and regulates the processing of personal data. The ICO is a regulatory office in the UK which enforces regulations under the DPA and GDPR. AIQ is a Canadian digital advertising, web and software development company that was charged with violations regarding the use of data analytics in political campaigning. This article will address the AIQ enforcement notice and how companies ensure compliance with the GDPR to prevent receipt of an enforcement notice.

SEC Continues to Carve Out Regulatory Framework for Cryptocurrencies

On September 11, 2018, the Securities and Exchange Commission (SEC) announced two enforcement actions relating to failures to register by market intermediaries in connection with digital asset activities. Despite earlier suggestions that the Commodity Futures Trading Commission (CFTC) might be the primary self-regulatory organization (SRO) regulating this market, the main takeaway from these cases is that market intermediaries dealing in digital assets may also have registration and customer protection liabilities, and the failure to observe them can result in serious penalties.

You’ve Heard About the GDPR, but What About the CCPA?

On June 28, 2018 California took a page out of the European Union’s (EU) book and signed the California Consumer Privacy Act (CCPA) into law. The CCPA is a landmark privacy bill that will come into effect on January 1st, 2020 and it is being closely compared to the General Data Protection Act (GDPR).

What does this mean for California businesses and residents? In short, more privacy and more control over data. Key aspects include allowing consumers to request what data an organization has collected about them, allowing consumers the right to fully erase data, protecting children’s data, and making verification processes more stringent for businesses.

Facial Recognition Technology: How Much Can State Law Protect Users?

Sei Unno Associate Editor Loyola University Chicago School of Law, JD 2019 Facial recognition has become mainstream, whether the laws are ready or not. Video games are using facial recognition to check the ages of their users and cars are being equipped with technology to identify drivers who are fatigued or distracted. In the U.S., states …
Read more

Proposed Changes to the NIH Guidelines for Human Gene Transfer Experiments

The National Institute of Health (NIH) has submitted a proposal to amend the NIH Guidelinesfor research involving recombinant or synthetic nucleic acid molecules.  The proposed amendmentseeks to streamline the oversight for human gene transfer clinical research protocols and reduce duplicative reporting requirements already captured within existing regulatory framework.  The amendment specifically seeks to delete the NIH protocol registration submission and reporting requirements under Appendix M of the NIH Guidelines, and modify the roles and responsibilities of entities involved in human gene transfer or the Recombinant DNA Advisory Committee(RAC).

SEC’s Settlement to Prevent Future Market Disruption by Elon Musk and Tesla

On September 27, 2018, the Securities and Exchange Commission (“SEC”) filed a complaint, alleging Tesla CEO and Chairman, Elon Musk, committed stock market fraud by misleading investors. The matter was resolved through settlement and later approved by a judge. It is hoped that the settlement will prevent Tesla and Musk from causing future market disruption and harm to shareholders.

International Business Travel Comes with Potential Data Risks

The economic rebound seen in the last decade has resulted in a substantial increase in business travel, both foreign and domestic. Increasingly complex global supply chains are necessitating that business leaders travel the world in order to expand their businesses and forge valuable new partnerships. Unfortunately, this increase in travel also presents an increased risk for the theft of proprietary or confidential information.

Is the ACA Unconstitutional (Again)?

Before the Affordable Care Act (“ACA”) was passed, critics exclaimed that the government had no right to interfere in a citizen’s healthcare. When it was passed, the requirement that every American purchase health insurance caused America to scramble to comply. However, in a year all the critics might be silenced. Recently, Congress repealed the individual mandate’s tax penalty. How will Americans comply with the new act?

ABA Rule 8.4(g): States Concerned that Anti-Discriminatory Intent Not Balanced with Constitutional Concerns

Arizona and Idaho are the most recent in a long line of states declining to adopt the American Bar Association’s (ABA) new Model Rule 8.4(g), which is being called the “anti-discrimination” rule.  This rule was adopted by the ABA to specifically address harassment and discrimination based on race, religion, sex, disability, and LGBTQ status in all conduct related to the practice of law.  However, because of the broad construction and application of the rule, many states and attorneys have concerns that compliance with this anti-discrimination rule will infringe on their First Amendment rights of freedom of speech and religion.

Small Banks and Credit Unions Given the Opportunity to Pool Resources to Prevent Anti-Money Laundering

In a recent effort to strengthen the money-laundering defenses across the U.S. financial system, small banks and credit unions are being given the option to pool their resources. In a statement issued by the federal depository institutions regulators and the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) the federal regulators detail that certain banks and credit unions can enter into collaborative agreements to pool resources for anti-money-laundering compliance purposes. The new regulation will help smaller community banks address the risk of financial crime while keeping the costs low and ultimately help prevent money-laundering.