Data Privacy in 2020

There have been significant developments to data privacy in 2020 One of the most significant talking points of the year has undoubtedly been the CJEU's decision in the Schrems II case, which invalidated the EU-US Privacy Shield. The decision also cast doubt over the use of Standard Contractual Clauses ('SCCs'). In November, the EDPB released its guidance on supplementary measures for transfers and guidance on European Essential Guarantees. The following day, the European Commission released its revised SCCs, both of which were put out for public consultation.

The global Coronavirus pandemic led to several significant changes for data privacy in 2020, including debates on contact tracing and data collection, a rise in small to medium enterprises requiring more advanced privacy processes, and many supervisory authorities issuing guidance on cybersecurity risks brought about from remote working.

Regional Privacy Developments This Year

The regional data privacy landscape continued to change throughout 2020, with new laws entering into force and amendments to many existing laws tabled. One privacy law that remained in the spotlight was the California Consumer Privacy Act of 2018 ('CCPA'), which entered into effect on 1 January 2020 and marked the start of a new era in privacy legislation in both the State of California and the US more broadly. In November, the California Consumer Privacy Rights Act ('CPRA') was passed, establishing a Californian data protection authority, new consumer rights, and a wide range of obligations for contracts between service providers. The CPRA will become operative on 1 January 2023 but will largely apply to personal information collected from 1 January 2022.

Further developments in data privacy in 2020 saw the LGPD enter into effect on 18 September after several delays. The LGPD introduced a wide range of new obligations for organizations with broad similarities to the EU's GDPR. Additionally, the new Brazilian data protection authority ('ANPD') continues to take shape.

10 Moments That Shaped Data Privacy in 2020

OneTrust DataGuidance has created the 'Data Privacy in 2020: 10 Moments That Shaped The Year' report, recapping the most significant moments of the year. The new report features privacy developments relating to international data transfers, cookies, and artificial intelligence and highlights regional updates and guidance issued by various supervisory authorities.

Download the report to find out more or follow OneTrust DataGuidance on LinkedIn to keep up to date with new resources, insights, and more.