Amy C. Pimentel
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Amy C. Pimentel focuses her practice on privacy and data security and general health law. Her clients operate in a variety of industries, including health care, consumer products, retail, food and beverage, technology, banking and other financial services. Read Amy Pimentel's full bio.
By Laura E. Jehl, Amy C. Pimentel and Austin Mooney on Jun 29, 2020
Posted In Consumer Protection, Data Privacy
Although 2020 has already provided more than its share of surprises for businesses, one thing appears to remain unchanged: the California attorney general’s commitment to enforcing the California Consumer Privacy Act beginning July 1, 2020. As companies work to ensure compliance with this legislation, we explore several key issues. No one will disagree that a...
By Laura E. Jehl, Amy C. Pimentel and Austin Mooney on Jun 26, 2020
Posted In Consumer Protection, Data Privacy
A proposed ballot initiative in California known as the California Privacy Rights Act, which is likely to pass if placed on the 2020 ballot, would both clarify and expand the existing California Consumer Privacy Act. Companies doing business in the state should closely monitor these developments and prepare for compliance, as we outline in this...
By Amy C. Pimentel on Jan 20, 2020
Posted In Consumer Protection, Data breach, Data Privacy
Minimal Changes Expected to the Final Regulations On October 10, 2019, the Attorney General issued his Proposed Text of Regulations, along with a Notice of Proposed Rulemaking Action and Initial Statement of Reasons. According to the Attorney General, the regulations will “benefit the welfare of California residents because they will facilitate the implementation of many components of the CCPA” and...
By Amy C. Pimentel, Austin Mooney and Wendy Zhang on Jan 17, 2020
Posted In Advertising & Marketing, Consumer Protection, Data Privacy, Ecommerce, Email/Spam, Social Media
The California Consumer Privacy Act (CCPA) requires businesses who engage in sales of personal information, to offer consumers the right to opt out of such sales through a “Do Not Sell My Personal Information” link or button on their websites. These “Do Not Sell” obligations present a particularly thorny question for businesses that participate in...
By Amy C. Pimentel and Mark E. Schreiber on Nov 5, 2018
Posted In Cybersecurity, Data Privacy, General Interest
The General Data Protection Regulation (GDPR) was the biggest story of 2018 in the field of global privacy and data protection. The GDPR became enforceable in European Union Member States on May 25, 2018, significantly expanding the territorial reach of EU data protection law and introducing numerous changes that affected the way organizations globally process...
By Matthew R. Cin, Li Wang, Jonathan Ende, Daniel F. Gottlieb, Amy C. Pimentel and Michael G. Morgan on Jun 29, 2018
Posted In Cybersecurity, Data Privacy
California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their...
The Continuing Disconnect between the Health Care Industry and OCR on HIPAA’s Risk Analysis Requirement
By David Quinn Gacioch, Amy C. Pimentel and Edward G. Zacharias on May 6, 2018
Posted In Cybersecurity, Data Privacy, Telehealth
Lack of a sufficient risk analysis continues to be one of the most commonly alleged violations in Office for Civil Rights (OCR) HIPAA enforcement actions, appearing in half of all OCR settlements announced in the last 12 months and in almost all of the $1 million-plus settlements during that time period. Significant confusion remains across...
By McDermott Will & Emery, Amanda Enyeart, Anisa Mohanty, Amy C. Pimentel, Bernadette M. Broccolo, Dale C. Van Demark, Jiayan Chen, Lisa Mazur, Marshall E. Jackson, Jr., Michael W. Ryan, Ryan S. Higgins, Scott Weinstein, Sarah T. Hogan and Vanessa K. Burrows on Mar 20, 2018
Posted In Big Data, Cloud, Consumer Protection, Data Privacy, General Interest, Telehealth
Designed to provide business leaders and their key advisors with the knowledge and insight they need to grow and sustain successful digital health initiatives, we are pleased to present The Law of Digital Health, a new book edited and authored by McDermott’s team of distinguished digital health lawyers, and published by AHLA. Visit www.mwe.com/lawofdigitalhealth to order this...
By Daniel F. Gottlieb, Bernadette M. Broccolo, Ashley Winton, Amy C. Pimentel and Matthew R. Cin on Feb 7, 2018
Posted In Big Data, Consumer Protection, Data Privacy, Workplace Privacy
The General Data Protection Regulation (GDPR) establishes protections for the privacy and security of personal data (Personal Data) about individuals in the European Union (EU) single market countries, and potentially affects the clinical and other scientific research activities of academic medical centers and other research organizations in the United States. This On the Subject includes...
By Amy C. Pimentel, Ashley Winton, Katherine F. Froelicher, Michael G. Morgan, Mark E. Schreiber and Romain Perray on Oct 17, 2017
Posted In Cybersecurity, Data Privacy, Data Transfers/Safe Harbor/Privacy Shield
The validity of Model Clauses for EU personal data transfer to the United States is now in real doubt as a result of a new Irish High Court judgment stating that there are “well founded grounds” to find the Model Clauses invalid. The issue of Model Clauses as a legitimate data transfer mechanism will now...