This insight was initially published in 2022 and updated in August 2024. The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts to address unfair or deceptive acts or practices...more
Over 5,000 privacy professionals from around the world gathered in Washington, D.C. this month for the International Association of Privacy Professionals’ Global Privacy Summit 2024. The conference focused on debating the...more
On December 13, 2023, the Federal Communications Commission (“FCC”) adopted new rules under the Telephone Consumer Protection Act (“TCPA”) that require comparison shopping websites, lead generators, and other companies...more
The Federal Trade Commission (FTC) has released a notice of proposed rulemaking meant to prohibit unfair or deceptive fees, often referred to as junk fees. The proposed rule would prohibit...more
On July 10, 2023, the European Commission formally approved the EU-U.S. Data Privacy Framework (“DPF"). You can view our brief video discussion about the DPF or read our initial update.
Companies that maintained their...more
On December 19, 2022, the FTC announced two record-breaking settlements with Epic Games, Inc.—a video game developer, best known for the game Fortnite—for a combined total of $520 million: The key takeaways from these...more
Most companies follow a few key rules to market their offerings: Advertisements should be truthful and should not mislead consumers. Advertisements and the products being marketed should not harm consumers. Advertisers...more
The Federal Trade Commission (FTC) has continued to ramp up its investigation and enforcement efforts in 2022 to address unfair or deceptive acts or practices in the privacy, cybersecurity and consumer protection space. With...more
To help your company get its United States (U.S.) state privacy compliance program on the right track in 2022, Orrick's Cyber' Privacy & Data Innovation Group has analyzed the differences between key topics for the California...more
3/15/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Personal Information ,
State Privacy Laws
The California Privacy Rights Act (CPRA) became law on December 16, 2020, and amended the California Consumer Privacy Act (CCPA). When the CPRA becomes fully operative on January 1, 2023, these important changes, among...more
Significant developments in artificial intelligence, cybersecurity and consumer privacy occurred across the globe in 2021 with the anticipation of more activity in 2022. Our roundup for the year captures some of the major...more
Across the United States (U.S.), 2021 was a busy year for legislative and regulatory-related consumer privacy developments. Our roundup captures some of the major updates that occurred in states throughout the year. We will...more
The Federal Trade Commission ("FTC") recently announced its intent to "vigorously" enforce its 2009 Health Breach Notification Rule (the "Rule") via a policy statement that sheds light on the Rule's scope. The policy...more
9/24/2021
/ Application Programming Interface (APIs) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
Mobile Health Apps ,
Personally Identifiable Information ,
Popular
The French data protection authority, La Commission nationale de l’informatique et des libertés ("CNIL"), one of Europe's ("EU") most active data protection regulators, has continued to focus on the lawfulness of the use of...more
Colorado is the third U.S. state to enact comprehensive consumer data privacy legislation with the passage of the Colorado Privacy Act (CPA) on July 7, 2021. The CPA will go into effect July 1, 2023, joining the California...more
Following in the footsteps of the California Consumer Privacy Act (CCPA), the Commonwealth of Virginia has become the second U.S. state to enact comprehensive consumer data protection legislation. ...more
3/4/2021
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
General Data Protection Regulation (GDPR) ,
Information Governance ,
New Legislation ,
Personal Data ,
Regulatory Reform ,
State and Local Government
How can your business prepare for The California Privacy Rights Act (CPRA) ramp-up in 2021? The CPRA is scheduled to become effective in January 2023. Preparations will occur over the next two years, including establishing...more
On December 10, 2020, California Attorney General Xavier Becerra (California AG) released a fourth set of proposed modifications to the California Consumer Privacy Act (CCPA) regulations that went into effect on August 14,...more
On August 14, 2020, the California Office of Administrative Law (“OAL”) approved the final implementing regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This final and approved version of the CCPA...more
On May 4, 2020, Californians for Consumer Privacy announced that it submitted over 900,000 signatures to qualify the California Privacy Rights Act of 2020 (“CPRA”) for California’s November 2020 ballot. With the California...more
5/22/2020
/ Ballots ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Rulemaking Process ,
State and Local Government
On March 11, 2020, the California Attorney General, Xavier Becerra, (“California AG”) released a second set of modifications to the proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). These...more
3/26/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Employee Benefits ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General ,
Statutory Interpretation
On February 7 and again on February 10, 2020, the California Attorney General Xavier Becerra released an updated draft of proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). The updated...more
2/14/2020
/ Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Regulatory Agenda ,
Regulatory Requirements ,
Rulemaking Process ,
State and Local Government ,
State Attorneys General
Happy New Year! At long last, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect yesterday, January 1, 2020. For those who have not yet heard, the CCPA establishes a comprehensive legal framework to govern...more
1/3/2020
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Deletion ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Opt-In ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Right to Delete ,
State and Local Government
With the January 1, 2020 effective date of the California Consumer Privacy Act (the “CCPA”) rapidly approaching, all eyes have been on the California legislature’s consideration of a robust suite of amendments that would...more
10/21/2019
/ California Consumer Privacy Act (CCPA) ,
Class Action ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
New Amendments ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
State and Local Government ,
State Data Breach Notification Statutes
On October 10, 2019, the California Attorney General added to the complexity of the California Consumer Privacy Act of 2018 (“CCPA”) by releasing long-awaited proposed regulations that provide guidance on various elements of...more
10/16/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Digital Service Providers ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Public Comment ,
Right to Delete ,
Rulemaking Process ,
State and Local Government