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FTC Proposes Updates to COPPA Rule

On December 20, 2023, the Federal Trade Commission (FTC or Commission) issued a Notice of Proposed Rulemaking (Notice) recommending amendments to the Children’s Online Privacy Protection Rule (COPPA Rule or Rule). The FTC...more

FCC Expands Data Breach Notification Rules

The amended rules follow the Biden Administration’s “whole of government” approach to maximizing notifications to executive agencies of cybersecurity events. On December 21, 2023, a divided Federal Communications...more

US and States Target Deceptive “Junk Fees” and “Drip Pricing”

On October 11, 2023, the FTC issued a Notice of Proposed Rulemaking and Request for Public Comment titled “Trade Regulation Rule on Unfair or Deceptive Fees” (the Proposed Rule). The FTC said the Proposed Rule “would prohibit...more

Florida Digital Bill of Rights Adds to the Growing US State Privacy Network

Florida’s law introduces novel provisions that depart from existing US state privacy laws, which businesses will need to carefully consider. With passage of Florida’s Digital Bill of Rights, along with the Texas Data...more

Cybersecurity Incidents: 10 Things a General Counsel Must Know About EU Cyber Incidents

Cybersecurity incidents pose legal challenges for in-house counsel, alongside their technical implications. This overview highlights key aspects that legal departments must know when reacting to data breaches. ...more

New Cyber Incident Reporting Requirements on the Horizon in the US

Companies should take steps now to prepare for the new rules and expectations. The US government continues to expand regulatory requirements around notification and disclosure of major cyberattacks or incidents. ...more

Utah Consumer Privacy Act: Fourth US State Enacts Comprehensive Data Privacy Legislation

Utah enacts data privacy legislation in the mold of California, Colorado, and Virginia, but with less onerous requirements for businesses, in what is expected to be a model for more states going forward. On March 24, 2022,...more

FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials

Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements...more

Biden’s Cyber Executive Order: How It Could Impact Your Business

President Biden signed an executive order to bolster the federal government’s cybersecurity posture on May 12. The order focuses on implementing vital improvements to networks of federal departments and agencies, many of...more

Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation

The Act represents an accelerating trend among US states to attempt to pass comprehensive privacy legislation in the wake of the CCPA. On March 2, 2021, Virginia Governor Ralph Northam signed comprehensive state privacy...more

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities [Video]

With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda

Slaughter discusses the FTC’s priorities under the new administration, including ed-tech, health apps, and racial equity. On February 10, 2021, in her first major speech as acting chair of the Federal Trade Commission...more

CCPA Housekeeping Reminders

Background - 2020 was a busy year on the global data privacy front, and marks the first full year of the California Consumer Privacy Act (CCPA). Businesses that posted their CCPA Privacy Policy in January 2020 will need...more

COVID-19: Due Diligence Considerations for M&A Transactions

Buyers in M&A transactions should consider a number of due diligence items in response to COVID-19 and the governmental response thereto. As parties pursue mergers and acquisitions transactions during, and in the wake of,...more

What’s New, What It Means: California AG Releases Modified CCPA Regulations

While still in draft form, the modifications both clarify certain obligations and introduce new uncertainty for businesses covered by the CCPA. Key Points: ..On February 7 and 10, 2020, the California AG announced and...more

The Pervasive Threat of Business Email Compromise Fraud - and How to Prevent It

Eliminating the risk of business email compromise (BEC) attacks requires all parties to a financial transaction to pay close attention to email security, financial controls, and communication protocols. Key...more

Financial Firms Beware: Dangers Lurk in the Cloud

US regulators are calling attention to financial firms’ obligations to protect against evolving cybersecurity threats. On October 2, 2019, the Financial Industry Regulatory Authority (FINRA) issued an information notice to...more

California Consumer Privacy Act Draft Regulations: What’s New, What’s Next

Covered businesses have much work to do to revise disclosures, implement choice mechanisms, and design compliant data subject request programs. Key Points: ..The Attorney General’s draft regulations, released on October...more

The California Consumer Privacy Act’s Amendments Are Final: What Businesses Need to Know

The Act’s final statutory form has taken shape, leaving the 2018 version of the law largely intact. Key Points: ..The California State Senate and Assembly have completed their legislative session, passing only modest...more

4 Questions to Consider When Dealing With Children’s Data in the US

The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more

FTC Hearings Discuss the State of Data Security in the 21st Century

Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security. On December 11 and 12, the Federal Trade Commission (the FTC or the...more

Deep Dive on Deep Learning: FTC Considers Artificial Intelligence

Seventh Hearing on Competition and Consumer Protection considers ethical, practical, and legal dimensions of artificial intelligence and machine learning. On November 13 and 14, the Federal Trade Commission (FTC) held the...more

FTC Hearing Evaluates Regulatory Oversight of Big Data and Privacy

Sixth hearing on Competition and Consumer Protection in the 21st Century features disagreement over FTC’s enforcement priorities for consumer data. The Federal Trade Commission (FTC) recently held the sixth hearing in its...more

A New Era for Data Protection in Brazil

The Brazilian Congress has been working on a bill relating to the protection of personal data for over eight years. The Senate approved the bill, known as the General Data Protection Act (GDPA), on 10 July 2018, and the bill...more

California Consumer Privacy Act of 2018 May Usher in Sweeping Change

Businesses active in California should promptly assess whether the law applies to their practices and start planning towards compliance with the new law. Key Points: ..A sweeping new privacy law — the California...more

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