Recreational Marijuana Use Legalized in NYS – Your Questions Answered
The FCC continues to take a more active role in privacy with its enforcement of the customer propriety network information (“CPNI”) regulations. Recently, the FCC released Forfeiture Orders against the three largest mobile...more
Nevada’s new consumer health data law—like 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. March...more
The amended version of the bill—which itself amends Colorado’s Privacy Act—now heads for final passage and governor signature. The Colorado state legislature is close to final passage of the “Act Concerning Protection the...more
On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more
It feels like it has been ages since we had one of those exciting public Federal Trade Commission (FTC or Commission) meetings. You may remember them – when the few remaining commissioners talked about issues and matters of...more
Human face is the new oil? The market was always about the creation of value. About the production of goods and offering of services in exchange for money. Now, the word ‘good’ usually serves to describe things, whether...more
On June 6, Florida Governor Ron DeSantis approved the passage of Senate Bill 262, which establishes the Florida Digital Bill of Rights (FDBR), set to go into effect July 1, 2024. Florida is now the tenth state to pass...more
As we’ve discussed in previous posts, the federal government and states are introducing bills that touch data and personal information. Lawmakers across the country are proposing legislation that touch on areas beyond...more
Keypoint: The Colorado Senate unanimously passed the Colorado Privacy Act after amending the bill to add back many of the privacy protections previously removed...more
Keypoint: Although weakened from its original version, the Oklahoma bill would (if enacted) provide substantial privacy rights to Oklahoma residents and, in some respects, provide more privacy protections than found in the...more
Keypoint: While the Washington Privacy Act appears poised to pass the Senate, a competing bill introduced in the House of Representatives would require opt-in consent for processing, create an Illinois-like biometric...more
Although the German parliament has failed to transpose the Cookie Directive into German law, operators of websites must require explicit consent before setting cookies on users’ computers, the German Federal Court of Justice...more
As the federal government, state governments, businesses and other entities continue their response efforts related to the COVID-19 pandemic, the privacy and security of consumers’ personal health information remains a top...more
No. The CCPA does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. The concept of consent only arises within the CCPA if a company intends...more
The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
11.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more
The Network Advertising Initiative, which provides guidance to advertisers who engage in personalized advertising, updated its Code of Conduct (2020 Code) earlier this year to address, inter alia, data collected offline and...more
The Court of Justice of the EU ("CJEU") has declared that pre-ticked checkboxes cannot be used to gain valid consent from individuals, with respect to the dropping and reading of cookies. This decision further emphasises the...more
Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more
In Carol Tims v. LGE Community Credit Union, the Eleventh Circuit Court of Appeals held that a credit union’s account agreement with one of its customers was ambiguous about which account balance calculation the bank would...more
Yes. An invitation to a conference or a trade show is generally considered a commercial solicitation. On the federal level, the CAN-SPAM act does not require prior consent for a commercial email, only that it be clearly...more
Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject. A data subject’s consent to the use of analytics or...more
Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and analytics cookies that are unnecessary for the functioning of the website. With respect to...more