News & Analysis as of

Delaware Enacts Comprehensive Online Privacy Protection Law

On January 1, 2016, the Delaware Online Privacy and Protection Act (“DOPPA”) will go into force, a law that provides strong online privacy protection for its residents. The new law targets three areas of compliance: (1)...more

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

COPPA, Meet DOPPA – Delaware AG Action Leads to New Child-Protection Data Privacy Laws

Delaware Attorney General Matt Denn is serious about online privacy, and aims to make Delaware “the safest state in America for kids to use the internet.” This August, Delaware Governor Jack Markell signed into law four...more

Delaware Enacts First Privacy Law with Focus on Children

The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more

Revisiting Privacy Policies and Practices in Light of Delaware Law

The Delaware Online Privacy and Protection Act (the "Act") addresses privacy policy, marketing or advertising to Delaware residents under age 18 and digital book service information disclosure requirements. The Act goes into...more

Three Delaware Privacy Bills Businesses Should Know About

The News Journal article highlighted passage by the Delaware legislature in 2014 of House Bill 295, now codified as 6 Del. C. §5001C et seq.: Safe Destruction of Records Containing Personal Identifying Information. Much of...more

Privacy & Cybersecurity Update - May 2015

In This Issue: - Second Circuit Rules Patriot Act Does Not Authorize Bulk Metadata Collection; Congress Reconsiders Certain Patriot Act Authorities - SEC Issues Cybersecurity Guidance for Investment Companies...more

Privacy Australia: What Do Death, Taxes and Deactivated Online Accounts Have in Common?

Australia recently joined the growing ranks of countries that take privacy seriously - so seriously that a breach of the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) can now result in a...more

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 was signed into law. It becomes effective January 1, 2014. This law amends California's online privacy policy law to require that websites and other online services disclose how they...more

Guide to Compliance with the Amended COPPA Rule

What Is COPPA? •Children’s Online Privacy Protection Act, enacted by Congress in 1998 •Congress directed the Federal Trade Commission (FTC), the nation’s consumer protection agency, to issue and enforce regulations...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Tips for Mobile App Privacy Compliance [Video]

Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws. For example, the California attorney general has recently taken...more

Two California Privacy Bills Introduced

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on...more

California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads

Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for...more

California Does It Again! - Recommends Best Practices for the Mobile App Industry

In last month’s Technology Advisory, I described recent actions of the California Attorney General designed to improve privacy protections for users of mobile applications. This included an agreement the California Attorney...more

FTC Announces Mobile Privacy Enforcement Action, Issues Mobile Privacy Staff Report

On February 1, the FTC announced that it is requiring a social networking application company to pay $800,000 and make certain compliance enhancements to resolve allegations that the firm (i) misled and deceived users by...more

California AG Issues Mobile Application Privacy Recommendations

On January 10, California Attorney General Kamala Harris (AG) issued recommended privacy practices for mobile application developers, mobile application platform providers, mobile advertising networks, operating system...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

Privacy-on-the-Go: California Attorney General and Major Mobile Application Platforms Agree to Privacy Principles for Mobile...

Application developers have been put on notice by the State of California. It is time to pay attention to user privacy and collection of information from user devices. In an effort led by the office of California...more

California’s Attorney General Releases Privacy Recommendations for Mobile Apps

California’s Attorney General released, on January 10, 2013, a lengthy set of recommended privacy practices aimed at app developers, app platform providers, mobile ad networks, operating system developers, and mobile...more

FTC Amends COPPA Rule and Previews Future Enforcement Policies

On December 19, 2012, the Federal Trade Commission ("FTC") adopted the first amendments to the Rule promulgated under the Children's Online Privacy Protection Act (hereinafter, "COPPA" for the Act, and "COPPA Rule" for the...more

FTC Issues its Revised COPPA Rule

The Federal Trade Commission (“FTC”) has announced its amended Children’s Online Privacy Protection Act (“COPPA”) Rule, which becomes effective July 1, 2013....more

Privacy Resolutions for Mobile App Providers in the New Year

The end of 2012 saw a flurry of activity in the area of privacy enforcement. In July, Kamala Harris, the Attorney General of California, announced the formation of California's own state agency to investigate and enforce the...more

Advertising Law -- Jan 02, 2013

In This Issue: Does a Virtual Pet Site Violate COPPA?; Legislative Updates: Geolocation bill and VPPA Updates Advance, ECPA Update Stalls; Dunkin’s “Best Coffee” Slogan Can’t Be Trademarked; Takeoff: First California...more

Increasing Scrutiny of Consumer Data Collection

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

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