On January 21, 2019, the French data protection authority (“CNIL”) imposed a massive financial penalty of 50 Million euros (approximately 56.8 Million U.S. dollars) against Google for violating provisions of the General Data Protection Regulation (“GDPR”). The penalty is the largest to date assessed under the GDPR and indicates the […]
Technology & Intellectual Property Update
Testing the Extraterritorial Reach of the GDPR
A European privacy regulator has provided insight into a key feature of the General Data Protection Regulation (“GDPR”)—extraterritorial reach. Recall that Article 3(1) of the GDPR applies to EU-based organizations engaged in the processing of personal data (i.e., any information relating to an identified or identifiable natural person) belonging to […]
Revisiting the Right of Publicity
Advertisements commonly include images of individuals, where the individuals may endorse a product, or merely just be incorporated into the advertisement. But such use of an individual’s image, name, or likeness in a commercial advertisement may implicate an individual’s right of publicity. Almost half of the states in the United […]
What Can You do to Help Protect Yourself From Data Breaches?
On November 30, 2018, Marriott revealed that its Starwood reservation system had been hacked exposing the personal data of approximately 500 million guests. It appears that not only credit card information was compromised but also passport numbers, birth dates, cell numbers, arrival and departure dates, etc. The Marriott data breach […]
Proposed Federal Consumer Data Protection Act Would Increase FTC Authority to Regulate Consumers’ Personal Information
In November 2018, Senator Ron Wyden (D-OR) released a discussion draft of the Consumer Data Protection Act (the “Act”), which would empower the Federal Trade Commission (the “FTC”) to regulate data privacy practices, sanction companies and their senior executives for improper practices regarding personal information, and provide consumers with better […]

