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 […]
Technology & Intellectual Property Update
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 […]
GDPR Enforcement Update
In the months since the General Data Protection Regulation (“GDPR”) went into effect on May 25, 2018, data protection authorities (“DPAs”) have received thousands of complaints from European Union (“EU”) residents. The European Data Protection Board, an independent data protection authority based in the EU, reported that more that 42,000 […]

