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TECHNOLOGY, OUTSOURCING, AND COMMERCIAL TRANSACTIONS
NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

In response to the coronavirus (COVID-19) pandemic, technology companies and public health authorities around the world have been developing contact tracing apps as a way to track and thus slow the spread of the virus. Implementation of those apps, however, can raise privacy and cybersecurity considerations.

Contact tracing apps essentially work by gathering information from individuals who have tested positive for the virus and then locating and notifying people with whom those individuals have been in close contact, frequently by use of GRP, Bluetooth, or wireless technology.

Please join us on September 8 for a webinar discussing the recently finalized California Consumer Privacy Act (CCPA) regulations. This webinar is part of our 2020 Data Privacy and Protection Boot Camp series.

The event will be led by Morgan Lewis partners W. Reese Hirsch and Andrew J. Gray IV. Discussion topics will include an overview of practical steps you can take to prepare for 2020 compliance with California’s landmark privacy law.

We previously discussed additional details regarding the CCPA and summarized the practical steps that companies can take to maintain compliance with the CCPA in this recent blog post and full Insight by our Morgan Lewis colleagues.

We hope you’ll join us on Thursday, September 8, 2020, from 12:00–1:30 pm ET (9:00–10:30 am PT).

Register for the webinar now >>

Please join us on September 9 for a webinar discussing cybersecurity enforcement issues. This webinar is part of our 2020 Data Privacy and Protection Boot Camp series.

Morgan Lewis partners Susan D. Resley and Andrew J. Gray IV will be the speakers at the event. Discussion topics will include spotting and mitigating enforcement issues concerning cybersecurity-related controls and disclosures.

We hope you’ll join us on Friday, September 9, 2020, from 12:00–1:30 pm ET (9:00–10:30 am PT).

Register for the webinar now >>

The California state attorney general issued a press release on August 14 stating that the Office of Administrative Law (OAL) has approved the California Department of Justice’s regulations regarding the California Consumer Privacy Act (CCPA) and filed them with the California secretary of state, making the regulations effective immediately.

A recent Court of Justice of the European Union (CJEU) ruling—Schrems II—could lead to significant changes for companies that rely on the EU-US Privacy Shield for transferring personal data from the European Economic Area (EEA) to the United States, including increased due diligence on the part of data exporters.

Companies developing digital therapeutics, clinical decision support apps, and other digital health technologies for use in the coronavirus (COVID-19) pandemic should be mindful of FDA’s quickly evolving policies and guidance affecting such technologies. In our recent LawFlash, FDA Regulation of COVID-19 Apps, Digital Therapeutics, and other Digital Health Technologies, we examine recent FDA developments and their implications for companies in the digital health space.

For example, FDA has issued several new guidance documents describing policies of enforcement discretion to help promote the development and availability of digital health technologies for COVID-19. FDA also has issued multiple Emergency Use Authorizations for new COVID-19-related digital health products, and has issued guidance intended to clarify when clinical decision support software is subject to FDA oversight. It is critical for companies seeking to develop digital health technologies for pandemic-related uses to determine whether and how their products may be regulated by FDA.

The July 1 enforcement of the California Consumer Privacy Act (CCPA) is one week away. Despite calls by the business community and trade associations to push back the enforcement date to January 2021 due to the coronavirus (COVID-19) pandemic and related disruptions to compliance efforts, the California state attorney general issued a press release on June 2 stating, “Businesses have had since January 1 to comply with the law, and we are committed to enforcing it starting July 1.”

Additionally, on June 1, the attorney general took action to finalize the CCPA regulations by submitting the final text of the proposed regulations to the California Office of Administrative Law, requesting expedited review in an attempt to have the regulations adopted and enforceable by July 1.

The German Federal Court of Justice (BGH) ruled on May 28 that an opt-out for cookies settings is inadmissible under German law under Section 15(3) of the German Telemedia Act (TMG) in conformity with the ePrivacy Directive (press release of the BGH; available only in German). As a result, website operators can no longer rely on the fact that it would be possible to set cookies in Germany solely based on their legitimate interests. Previously, operators had justified the opt-out process based on earlier statements of the German supervisory authorities and the wording of TMG regulations.

As businesses across America begin to reopen in the wake of the coronavirus (COVID-19) pandemic, many will likely implement new social distancing and sanitization procedures. That got us thinking about how companies may choose to use touchless authorization technologies like facial recognition as the main form of entry into their facilities, rather than continuing to use tools such as keypads or fingerprint scanners that require many people to repeatedly touch the same surfaces daily.

With more than 40 webinars total, the annual Morgan Lewis Technology May-rathon continues. We thought these particular webinars were especially timely with regard to topics we follow in Tech & Sourcing @ Morgan Lewis:

See the full schedule of remaining May-rathon events >>