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Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more
Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more
The Knesset Constitution, Law, and Justice Committee has approved an amendment to the Israeli Privacy Protection Law (PPL). The amendment proposes extensive changes to the PPL, including granting additional enforcement powers...more
It may seem like telehealth emerged overnight during the COVID 19 pandemic. However, telemedicine has been developing for centuries....more
The Federal Trade Commission (FTC) has made clear its focus on automatic renewal programs with high-profile lawsuits in recent weeks, alleging violations of the Restore Online Shoppers' Confidence Act (ROSCA). Below are some...more
Effective January 1, 2025, if enacted, California Assembly Bill 3129 (Bill) would grant sweeping power to the Attorney General by authorizing the Attorney General to approve, conditionally approve, or disapprove of certain...more
The California legislature recently renewed its efforts to regulate automatic renewal programs with proposed amendments to its Automatic Renewal Law (ARL). This development does not follow any lack of attention to this area...more
Washington’s My Health My Data Act implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions. As of March 31, 2024 the Washington My Health My...more
In August 2023, we published a blog post about the California Office of Health Care Access and Information’s (“OHCA”) proposed cost and market impact review (“CMIR”) regulations under the California Health Care Quality and...more
On March 31, 2024, the Washington My Health My Data Act (MHMDA), a comprehensive consumer health privacy law, will come into force. Small businesses – defined as those processing consumer health data of fewer than 100,000...more
On February 8, 2024, the U.S. Department of Health & Human Services, through the Substance Abuse and Mental Health Services Administration and the Office for Civil Rights (collectively, HHS), issued a Final Rule that amends...more
On February 16, 2024, Assemblymember Jim Wood introduced Assembly Bill (AB) 3129, which targets healthcare consolidation involving private equity groups and hedge funds. The bill, if enacted, would require private equity...more
After more than a year since the U.S. Department of Health and Human Services' (HHS) Office for Civil Rights (OCR) and Substance Abuse and Mental Health Services Administration (SAMHSA) issued the proposed changes to the...more
A California court recently ruled that enforcement of the California Privacy Protection Act (CPPA/CPRA) regulations should begin immediately, following a stay of enforcement proceedings by the court....more
The Federal Trade Commission (FTC), state attorneys general, and class action plaintiffs continue to scrutinize negative option and continuity offers. Negative option marketing can include pre-notification negative option...more
On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more
The Indian Central Government (Central Government) enacted a broad and significant privacy law, the Digital Personal Data Protection Act (the DPDP), on August 11. The DPDP, when effective (as per dates to be notified by the...more
On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted new and amended rules under the Investment Advisers Act of 1940, as amended (the Advisers Act), to address what it perceives as certain conflicts...more
The Israeli Privacy Protection Authority recently published a statement presenting its position and recommendations on privacy protection as it pertains to the collection of employee geolocation data using designated...more
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more
If you are a subscription marketer, you have likely heard the buzz about the Federal Trade Commission's Notice of Proposed Rulemaking (NPRM) concerning the Negative Option Rule. If implemented, the proposed rule would impact...more