News & Analysis as of

Privacy Policy Private Right of Action

McDermott Will & Emery

Go Big Red! Nebraska Passes Consumer Data Privacy Law

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On April 12, 2024, the Nebraska Legislature passed the Data Privacy Act (NEDPA), sending the bill to Governor Jim Pillen’s desk for signature. NEDPA adds to the patchwork of state consumer privacy laws in that it does not...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Pillsbury Winthrop Shaw Pittman LLP

Landmark Federal Privacy Bill Clears First Congressional Hurdle

American Data Privacy and Protection Act would require organizations to limit collection of personal information, grant consumers access to their own data, enhance data protections for children, mandate implementation of...more

Robinson+Cole Data Privacy + Security Insider

U.S. Chamber of Commerce Against Private Right of Action in Privacy Legislation

Although the U.S. Chamber of Commerce (the Chamber) “strongly urges Congress to pass durable, bipartisan national privacy legislation that protects all Americans equally,” it will “strongly oppose legislation that fails to...more

Goodwin

What to Expect from NYC’s Tenant Data Privacy Act

Goodwin on

New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...more

Fisher Phillips

Florida Aims To Mirror California’s CCPA With Proposed Data Privacy Legislation

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Florida is currently considering data privacy legislation that would require covered businesses to implement comprehensive policies and procedures to provide privacy rights to consumers. The proposed legislation, House Bill...more

Akin Gump Strauss Hauer & Feld LLP

California Approves Final California Consumer Privacy Act Regulations

On Friday, August 14, California’s Office of Administrative Law (OAL) approved the final draft of the Attorney General’s (AG) regulations under the California Consumer Privacy Act (CCPA). Attorney General Xavier Becerra’s...more

Carlton Fields

[Event] The California Consumer Privacy Act: What Do We Know and What Can We Expect? - March 3rd, Beverly Hills, CA

Carlton Fields on

California's sweeping new privacy law - the California Consumer Privacy Act (CCPA) - went into effect on January 1, 2020. For companies subject to the CCPA, the law ushered in numerous obligations regarding personal...more

Society of Corporate Compliance and Ethics...

California’s privacy law went into effect Jan. 1; have you spoken to IT yet?

Report on Supply Chain Compliance 3, no. 1 (January 9, 2020) - California’s new data privacy law went into effect Jan. 1, 2020, but the date is largely symbolic. Companies should already have a data management plan in...more

Hudson Cook, LLP

CCPA Advent: Waiting on the World to Change

Hudson Cook, LLP on

January 1, 2020, opens both a new decade and a new landscape in privacy regulation in the United States. On that day, the California Consumer Privacy Act, or CCPA, is set to become effective. The law will be the first of its...more

BCLP

CCPA Privacy FAQs: Can a company be sued under the CCPA for failing to post a privacy notice?

BCLP on

No. Section 1798.150 of the CCPA permits consumers to “institute a civil action” only where consumer “nonencrypted or nonredacted personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of...more

Mintz - Privacy & Cybersecurity Viewpoints

Analysis of Attorney General Regulations to the CCPA– Part 1: Notices to Consumers

Overview: Article 2 (see pages 3 through 10) of the California Attorney General’s CCPA draft regulations specify certain notices that must be given to consumers at the time of collection of their personal information,...more

Akin Gump Strauss Hauer & Feld LLP

New Nevada Privacy Law Takes Effect in October - Comparison of Nevada Law to CCPA

On May 29, 2019, Nevada’s governor approved a new privacy law, Senate Bill 220 (“SB 220”). SB 220 amends existing state law that requires operators of websites and online services (“Operators”) to post privacy notices on...more

Ervin Cohen & Jessup LLP

Business Guide to the California Consumer Privacy Act of 2018: Five Steps in Preparation for Compliance

In June 2018, California enacted one of the most comprehensive privacy laws in the country, the California Consumer Privacy Act of 2018 (the “CCPA”). Although the CCPA will not go into effect until January 1, 2020, businesses...more

Weintraub Tobin

California Dramatically Expands Consumer Privacy Rights For the Entire Country

Weintraub Tobin on

California recently passed the California Consumer Privacy Act of 2018, described by Former Gov. Jerry Brown as a “historic step” for California consumers, “giving them control over their personal data.”  He claimed that the...more

Foley Hoag LLP - Security, Privacy and the...

Move over, CCPA? New York Considers Sweeping Data Privacy Law

New York’s state legislature is considering a new data privacy law that would set the standard for data privacy in the U.S. The New York Privacy Act (the “NYPA” or the “Act”), which is currently being considered by the state...more

Skadden, Arps, Slate, Meagher & Flom LLP

California Consumer Privacy Act: A Compliance Guide

California recently enacted the Consumer Privacy Act, the most stringent privacy law in the United States. Although it does not go into effect until January 1, 2020, most companies will need a number of months to prepare. The...more

WilmerHale

Congressional Committees Hold Hearings on Federal Privacy Legislation

WilmerHale on

This week both the House and Senate held hearings kicking off the legislative process for federal privacy legislation. Legislators from both parties voiced support for comprehensive and bipartisan legislation. ...more

Williams Mullen

Congress Continues to Explore Legislation on Data Privacy

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The U.S. Senate Committee on Commerce, Science, and Transportation announced it will host a hearing on consumer privacy on February 27. The hearing will focus on the principles that should be included in any federal data...more

Dechert LLP

Momentum Builds for a National Privacy Law in the United States

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Recent developments show that momentum is building for the United States to enact a national privacy law that would govern how businesses handle consumers’ personal information. High-profile data breaches, recent...more

Payne & Fears

It’s No Secret: California’s New Consumer Privacy Law Goes Live in 2020 (Maybe)

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Privacy activists cheered when, on June 28, 2018, Governor Brown signed into law the strictest consumer privacy law in the United States; the California Consumer Privacy Act of 2018 (“CCPA”). Effective January 1, 2020, the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2018

In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more

BakerHostetler

California Delays Privacy Law Enforcement and Congress Is Lobbied to Pre-empt the Law

BakerHostetler on

This summer California enacted, effective Jan. 1, 2020, the California Consumer Privacy Act (CCPA), a privacy law unprecedented in the U.S. that grants California residents a broad range of European-like privacy rights. ...more

Alston & Bird

An Update on the California Consumer Privacy Act and Its Private Right of Action

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While it remains to be seen what the final text of the California Consumer Privacy Act (CCPA) looks like when it is ultimately implemented on January 1, 2020, at present it seems likely that businesses and employers can...more

Dechert LLP

California Consumer Privacy Act: Potential Impact and Key Takeaways

Dechert LLP on

The California legislature unanimously approved and California Governor Jerry Brown signed into law the California Consumer Privacy Act of 2018 (CCPA) on June 28, 2018. The CCPA is arguably the most far-reaching data...more

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