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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
Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more
New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more
On June 25, 2024, Rhode Island became the 20th state to enact a comprehensive consumer data protection law, the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”). The state joins Kentucky, Maryland,...more
On July 30, 2024, in a 91-3 vote, the U.S. Senate passed the bill for the Kids Online Safety and Privacy Act (the “Bill”). The Bill, which combines the bills for the Kids Online Safety Act (“KOSA”) and the Children and Teens’...more
On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more
In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...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
Some writers (not from my great state of Rhode Island) act like Rhode Island has been behind the times when it comes to data privacy and security when discussing Rhode Island’s new privacy law. I feel a need to explain that...more
As of July 1, three new comprehensive state privacy laws – the Florida Digital Bill of Rights (FDBR), the Oregon Consumer Privacy Act (OCPA), and the Texas Data Privacy and Security Act (TDPSA) – will take effect, joining the...more
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal...more
On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more
Developments in child and teen privacy legislation have continued at a rapid pace in 2024, with laws poised to impact ever more companies. Chief among these is the federal Children's Online Privacy Protection Act (COPPA),...more
Introduction - Below is a brief outline of the legal regulation of personal protection in Ukraine. Governing Data Protection Legislation - 2.1. Overview of principal legislation - The main legal act governing...more
On July 1, 2024, Florida, Oregon, and Texas will join California, Colorado, Connecticut, Utah, and Virginia by adding privacy laws governing the collection, use, and transfer of consumer personal data. Montana will follow...more
The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more
Introduction - Data protection is being driven by rapid technological advances and the increasing digitalization of society. Data protection legislation in Portugal is aligned with European Union law, in particular with...more
Introduction - The legal regime in India relating to data protection and privacy has undergone a significant re-haul and revamp. The Digital Data Protection Act, 2023 (“DPDPA”) received the President’s assent and was...more
Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more
Last month, Nebraska passed the Nebraska Data Privacy Act (NDPA), making it the latest state to enact comprehensive privacy legislation. Nebraska joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana,...more
Introduction - The General Data Protection Regulation (Regulation (EU) 2016/679) is the EU regulation which is directly applicable in all member states of the EU, including the Czech Republic, as of 25 May 2018. The new...more
On April 7, 2024, a draft of the American Privacy Rights Act was introduced. Bringing forth this bipartisan-supported bill represents a significant step toward privacy regulation in the United States. The proposed act brings...more
Early this week, the Federal Communications Commission (FCC) announced it had fined the largest U.S. wireless carriers for sharing access to customers’ geolocation information without consent and without taking reasonable...more
Late last month, the Association of Corporate Counsel (ACC) hosted a panel on artificial intelligence and how it is rapidly transforming the life sciences sector, allowing companies to leverage large datasets to accelerate...more
Introduction - As a federal state with law-making powers shared between federal and provincial/territorial governments, Canada has both federal and provincial/territorial privacy laws that govern the private and public...more