Stubbs Alderton & Markiles attorneys Heather Antoine and Mallory Petroli were featured in the Daily Journal for their article “The Rise and Fall of the EU-US Privacy Shield." On July 16, the Court of Justice of the European Union announced its much-awaited decision in the Schremms II case, The court declared that the EU-U.S. Privacy Shield Framework invalid. Finding that the United States cannot provide the requisite level of protection to EU residents' personal data will undoubtedly significantly affect businesses here in the U.S.

To read the full article “The Rise and Fall of the EU-US Privacy Shield" ” visit here.

Heather Antoine World Technology Law ConferenceHeather A. Antoine is a Partner and Chair of the Firm’s Trademark & Brand Protection practice and Co-Chair of the Privacy & Data Security practice group. Heather’s practice focuses on protecting a company’s intellectual property; a fundamental feature of every business. Heather’s practice includes trademark clearance and selection, domestic and foreign trademark prosecution, enforcement, proceedings before the Trademark Trial and Appeal Board (TTAB), licensing, trade secret protection, copyright, rights of publicity, domain names disputes, and general client counseling.  Heather believes in supporting companies at each stage – from due diligence when choosing a name, to ongoing brand management, to ensuring portfolios are safeguarded and ready for sale. Heather is also focused on guiding businesses through the ever-expanding maze of privacy laws, both domestically and internationally.  This includes drafting website policies, compliance with specific privacy laws (such as the General Data Protection Regulation (GDPR), the Children’s Online Privacy and Protection Act (COPPA), and the California Consumer Privacy Act (CCPA)).  Heather works with companies to design and strengthen their privacy and data security policies and practices, to help them prevent data security breaches, and to minimize the risks associated therein.

Mallory PetroliMallory Petroli is an Associate in the Firm’s Privacy & Data Security and Intellectual Property & Technology Transactions practice groups. Mallory’s practice focuses on global data privacy, data protection, cybersecurity, digital media, direct marketing information management, and other legal and regulatory issues. She focuses on these issues in the context of: (i) advisory matters, such as new privacy and security laws and regulations around the globe (e.g. GDPR, CCPA, COPPA, PIPEDA, GLBA and others) including the enforcement of foreign judgments, as well as (ii) domestic and international technology transactions related to IoT, blockchain, mobile, cloud, data monetization, and other initiatives, including mergers & acquisitions, sourcing, distributor, business partner, and other third party arrangements. Mallory also counsels companies in crisis matters, such as data security events, regulatory and governmental inquiries related to privacy and security issues, internal investigations, litigation-related matters, and prevention measures. Mallory also regularly assists clients on transactional intellectual property matters such as structuring and negotiating technology commercialization deals and IP license agreements. These include strategic alliances, research and development collaborations, trademark licensing and brand merchandising agreements and manufacturing, distribution and marketing arrangements.

For more information on the EU-U.S. Privacy Shield or our Privacy & Data Security Practice contact Heather Antoine at .

Nevada SB 220Nevada recently voted to amend its existing privacy law, Nevada Revised Statutes: Chapter 603A (“NRS 603A”). This comes on the heels of California’s landmark new law, the California Consumer Privacy Act, more commonly referred to as the “CCPA”, which you can read about here. Starting on October 1, 2019, SB 220 creates new obligations for owners and operators of websites or online businesses. Essentially, it grants consumers the right to restrict operators from engaging in a sale of the consumers information.

Does SB 220 apply to my business?
SB220 may apply if you own or operate a website or online service, collect “covered information” (such as name, address, phone number, etc.) from residents of Nevada, and sell that information to another party.  Keep in mind, while some exceptions exist, a “sale” is broadly defined as the exchange of information for monetary gain.

If your business has a website that collects personal information from visitors, and you sell such information to third parties, you will likely be affected by SB 220.

How does SB 220 affect my business?
SB 220 provides consumers the right to opt-out of the sale of their covered information by submitting a request to the operator.

Currently, Nevada law requires operators to post a privacy notice that informs visitors of things like what types of information about them is collected through the website or online service, and with whom the operator might share that information, among others. Now it also requires operators to provide a way for visitors whose information is collected to submit such opt-out requests, such as a dedicated email, website or toll-free number.

The operator must respond to a request within a designated time frame, and then must not “make any sale of any covered information the operator has collected or will collect about that consumer.” The penalties for non-compliance can be severe, as the Attorney General may issue an injunction, or civil penalties of up to $5,000 per violation.

If you believe SB 220 impacts your business or if you would like more information, please contact Heather Antoine at (818) 444-4500.

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