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Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data to foreign enforcement and judicial authorities. As an initial matter, U.S. courts have limited the application of these laws and have continued to rely upon international comity analysis in compelling the production of responsive documents in civil discovery. However, U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.
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China Finalizes New Regulations to Relax Personal Data Exports from China
By Lindsay Zhu, Scott Warren, Haowen Xu and Charmian Aw
Nearly six months after the Cyberspace Administration of China (CAC) was first introduced for public consultation, the much-awaited final rules on Regulating and Facilitating Cross-border Data Flows were published and came into effect on March 22, 2024. The New Regulations largely repeat the Draft Regulations, but now have further relaxed personal data exports from China.
Unraveling The American Data Privacy Patchwork: Will the American Privacy Rights Act Succeed?
By Michael McLaughlin and Andria Adigwe
As the focus on protecting personal data continues to grow with the ever-widening adoption of artificial intelligence (AI) tools, exponential increases in the number and breadth of data breaches, and growing awareness of the risk posed by data brokers, the time appears right for a U.S. federal data privacy regulation to succeed in Congress. But is the new American Privacy Rights Act that regulation?
The Perfect Storm: Why Contract Hiring In Privacy Will Eclipse Direct Hiring In 2024
By Jared Coseglia
With significantly fewer fully remote positions available in 2023, active job seekers were faced with the question of whether to begin considering compromises on work-from-home flexibility or compromise in other areas like compensation, vertical mobility, quality of life, or employment modality.
Lessons for CISOs from the SolarWinds Breach and SEC Enforcement
By Daniel Garrie, David Cass and Jennifer Deutsch
In an era where digital threats loom large, the responsibilities of Chief Information Security Officers have expanded beyond traditional IT security to encompass a broader governance, risk management, and compliance role. The infamous SolarWinds Corp. attack illustrates the complex cybersecurity landscape CISOs navigate.