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CPPA Final Regulations Are Here
Recently, the California Office of Administrative Law approved the California Privacy Protection Agency’s (CPPA) long-awaited final regulations (“Regulations”). While there are many rules businesses...
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Up Next, the Crossroads of America: Indiana Positioned as 7th State to Join...
This month, Indiana passed its own privacy bill, Senate Bill 5 (“SB 5”) for consumer data protection. SB 5 is now awaiting signature from Indiana Governor Eric Holcomb. Once signed into law, Indiana...
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Artificial Intelligence: U.S. Federal Considerations
In our previous post, “A Primer on Artificial Intelligence and the Law in 2023,” we briefly discussed how the federal government is preparing for legislation and regulation regarding Artificial...
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UPDATE: Litigation Related to Website Technology & Data Sharing
As we previously covered in February, there has been an increase in lawsuits, including class actions, filed against website operators in various states (including California, Florida, Indiana,...
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Porn, Privacy & Protecting Kids: States Seek to Balance Individual Rights...
On May 3, 2023, Utah’s Online Pornography Viewing Age Requirements Act (the “Act”) went into effect. The Act states that website operators must require internet users to prove they are eighteen years...
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State Number Eight: Tennessee Becomes Eighth State to Enact Privacy Law
On May 11, 2023, Tennessee Governor Bill Lee signed the Tennessee Information Protection Act (the “TIPA”) into law. Tennessee is now the eighth state to enact a comprehensive privacy law, joining...
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The SEC’S Proposed Cybersecurity Rules: Is Your Company Ready?
Here in the United States, companies face a patchwork of legal obligations that address information security and data privacy. For example, federal laws target certain market segments (such as health...
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The FTC Expands Its Regulatory Watch Over the Use of Biometric Technology
On May 18, 2023, the Federal Trade Commission (the “FTC”) issued a policy statement on the use of biometric information under its regulatory powers in Section 5 of the FTC Act (the “Statement”). The...
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What You Need to Know About Washington State’s New “My Health My Data” Act
Last month, Washington Governor Jay Inslee signed the My Health My Data Act (“MHMDA” or the “Act”) into law. While the Act is not a comprehensive privacy law, it extends many protections to Washington...
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Montana Enacts Privacy Law
On May 19, 2023, Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (the “MTCDPA”) into law, becoming the ninth state to enact a comprehensive consumer privacy act. Montana...
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Not So Fast: California Superior Court Delays Enforcement of Certain CPRA...
On June 30, 2023, California Superior Court Judge James P. Arguelles held that the California Privacy Protection Agency (the “Agency”) cannot enforce any violation for the Agency’s regulations issued...
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SEC Approves Transformative Cybersecurity Disclosure Requirements
Last week, the US Securities and Exchange Commission (SEC) voted 3-2 on a series of rules relating to cybersecurity disclosures, including a new requirement for public companies to publicly disclose...
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Full Steam Ahead: EU’s Digital Services Act Creates Global Impact
On November 16, 2022, the Digital Services Act (DSA) took effect across the European Union (EU). The DSA establishes new regulations applicable to “online intermediaries,” such as online marketplaces,...
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Children’s Online Privacy Protection Act Update! FTC Enforcement and New...
Over the last few years, there has been an increased focus on the collection of children’s personal information in the United States. For example, many states have begun passing laws that...
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12 Down, 38 to Go: Oregon Becomes One of the Latest States to Enact a...
Oregon has become one of the latest states to adopt a comprehensive data privacy law. The Oregon Consumer Privacy Act (“OCPA” or the “Act”) takes effect July 1, 2024, and mirrors its other U.S....
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A Cautionary Tale: FTC and OCR Publish Warning Letters Regarding the Use of...
In July of 2023, the Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) published a joint letter cautioning hospitals, health app...
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California’s New Data Broker Requirements
Last year, we discussed the growing focus and increased regulation on data brokers nationwide, including bills in California, Delaware, Massachusetts, Oregon, and Washington. Now, California has a new...
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Pumping the Brakes: Federal Judge Grants Preliminary Injunction Blocking...
On September 18, 2023, the U.S. District Court for the Northern District of California granted technology trade association NetChoice, LLC’s request for a Preliminary Injunction in NetChoice LLC v....
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Germany’s Gearing up for European Health Data Space (EHDS) Compliance
The EU is gearing up for massive reform concerning the use and accessibility of health data, and Germany is taking note. Recently, Germany proposed several draft legislation focusing on the use of...
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Snap Receives Preliminary Enforcement Notice Related to Privacy Risks Posed...
On October 6, 2023, Snap Inc. and Snap Group Ltd. (collectively, “Snap”) received a preliminary enforcement notice from the U.K. Information Commissioner’s Office (ICO) due to a potential failure to...
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Breaking Down India’s Digital Personal Data Protection Act, 2023
In August, India passed its long-awaited Digital Personal Data Protection Act, 2023 (“the Act”). Initially introduced in 2019, the draft bill went through several iterations before being approved by...
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OCR Doubles Down: Two Settlements in Two Months for Two Common Cybersecurity...
On Dec. 7, 2023, the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), announced a settlement with a Louisiana medical group specializing in emergency medicine, occupational...
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Webinar: 10 Privacy and Security Resolutions in the New Year
Tuesday, Jan. 30, 2024 11 a.m. – 12 p.m. ET You read the news every day and maybe even receive notices yourself: data security and privacy compliance is a growing area of concern and risk for...
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The Garden State Joins the Privacy Party – New Jersey Becomes the Latest...
It is a new year, and the privacy efforts in the United States are not letting up. In 2024 alone, three new privacy laws will take effect (i.e., Montana, Oregon and Texas), and more laws are on the...
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Navigating FCC’s Latest Rules: A Quick Guide to Compliance with new TCPA...
In late 2023, the Federal Communication Commission (FCC) adopted significant changes to its Telephone Consumer Protection Act (TCPA) regulations. The purpose of the changes was to address escalating...
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California Appeals Court Holds CPRA’s Implementing Rules Are Immediately...
Late last week, the California Third District Court of Appeal (the “Court”) overturned a lower court decision delaying the enforcement of amended privacy regulations. On Friday, February 9, 2024, the...
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Children’s Online Privacy Protection Act Update: Part Deux! New FTC...
As we discussed last year, the Federal Trade Commission (FTC) has increased its focus and its enforcement related to the Children’s Online Privacy Protection Act (COPPA), especially in the educational...
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California Delivers to DoorDash $375,000 Civil Penalty: California AG...
On Wednesday, February 21, 2024, California Attorney General Rob Bonta announced that his office reached a settlement with DoorDash, which addresses allegations that the company facilitated several...
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CMMC 2.0 Is Here to Stay: Where Do We Start?
Last December, the Department of Defense (“DoD”) published its proposed rule setting forth cybersecurity requirements for defense contractors and subcontractors. These requirements are designated with...
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California Privacy Protection Agency Issues “Minimal” Guidance on CCPA in...
Yesterday, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory regarding the California Consumer Privacy Act (CCPA). Enforcement Advisory No. 2024-01(the Advisory)...
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