On March 11, 2026, the Federal Trade Commission (“FTC” or “the Commission”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) regarding its Rule Concerning the Use of Prenotification Negative Option Plans, commonly known as the Negative Option Rule (“the Rule”). This ANPRM signals the beginning of a rulemaking process that will expand the scope of
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Spanish Supervisory Authority Issues Detailed Guidance on Agentic AI and GDPR Compliance
In February 2026, the Spanish data protection authority (Agencia Española de Protección de Datos, “AEPD”) published guidance on data protection issues related to the use of AI agents. The guidance follows an earlier, similar analysis by the UK Information Commissioner’s Office, which we discussed in a prior blog post.
Helpfully, AEPD’s guidance maps key…
France’s Highest Administrative Court Upholds CNIL’s Standard On Anonymization
On February 13, 2026, France’s highest administrative court (“Conseil d’État”) delivered an important decision clarifying the boundary between pseudonymization and anonymization under the GDPR. The ruling confirms that data which remain re‑identifiable in practice—even with some effort—must be treated as personal data under the GDPR by service providers, unless the risk of re‑identification by such…
AI and Legal Privilege: Key Takeaways from US v. Heppner
On February 10, 2026, federal district court Judge Jed S. Rakoff ruled from the bench in the Southern District of New York that the attorney-client privilege and the work product doctrine did not protect legal strategy materials that a criminal defendant generated using a generative AI tool, when he used a public version of the…
CISA Releases New Guidance on Assembling Multi-Disciplinary Insider Threat Management Teams
On January 28, 2026, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) published a new resource on Assembling a Multi-Disciplinary Insider Threat Management Team. The guidance is intended to assist critical infrastructure stakeholders, which includes private sector entities across various sectors, with implementing an insider threat mitigation program that combines physical security, cybersecurity, personnel…
UK Court of Appeal Rules on the Concept of Personal Data in the Context of Data Security
On February 19, 2026, the UK Court of Appeal handed down its decision in DSG Retail Limited v The Information Commissioner [2026] EWCA Civ 140. The Court ruled that a controller’s data security duty applies to all personal data for which it acts as controller – irrespective of whether the information would constitute personal…
CISA Announces Town Halls to Gather Input on CIRCIA Proposed Rule
Earlier this month, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) announced a series of public town hall meetings to solicit additional stakeholder input on the Notice of Proposed Rulemaking (“Proposed Rule”) implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which CISA published in April 2024.
Background
CIRCIA established two…
EDPB Publishes Report on Stakeholder Event on Anonymisation and Pseudonymisation
On February 18, 2026, the European Data Protection Board (“EDPB”) published its Report on Stakeholder Event on Anonymisation and Pseudonymisation of 12 December 2025 (the “Report”). The Report summarises feedback from a remote stakeholder event convened to inform the EDPB’s ongoing work on Guidelines 01/2025 on Pseudonymisation (version for public consultation available here…
Connecticut Attorney General Releases 2025 CTDPA Enforcement Report
The Connecticut Office of the Attorney General (“OAG”) issued an updated Enforcement Report (“Enforcement Report”) under the Connecticut Data Privacy Act (“CTDPA”). The Enforcement Report discusses the OAG’s enforcement actions in 2025 and suggests some areas of focus from the regulator, summarized below.…
EU Regulators Issue Opinion on Revisions of GDPR and Other Data Laws
On February 11, 2026, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) (jointly, the Authorities) issued a Joint Opinion on the European Commission’s proposed Digital Omnibus Regulation (Digital Omnibus). This follows their Joint Opinion of January 20, 2026 on the Digital Omnibus on AI.
The Digital Omnibus, as with…