On June 28, the Rhode Island Data Transparency and Privacy Protection Act (DTPPA) was enacted without Governor Dan McKee’s signature, making Rhode Island the twentieth state to enact comprehensive consumer data privacy...more
7/18/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
The list of U.S. state-level data privacy laws will grow substantially this summer as three more comprehensive state laws become effective. Texas, Oregon and Florida each have a comprehensive data privacy law taking effect on...more
5/7/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
Sensitive Personal Information ,
Small Business ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
On April 17, Nebraska Governor Jim Pillen signed into law the Nebraska Data Privacy Act (the Act), making Nebraska the seventeenth state to enact general consumer data privacy legislation. The Act largely, but not completely,...more
On April 4, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (KCDPA) into law, making Kentucky the sixteenth state to enact comprehensive data privacy legislation and the third state to do so in...more
4/16/2024
/ Biometric Information ,
Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Enforcement ,
Exemptions ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personally Identifiable Information ,
State Privacy Laws
As of March 31, 2024, Nevada’s state consumer health data law, Senate Bill No. 370 (SB 370), enters the state-level consumer health data privacy fray. Similar to Washington’s My Health My Data Act (MHMDA), SB 370 focuses on...more
3/21/2024
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Healthcare ,
New Regulations ,
Personal Data ,
Personal Information ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
On March 6, New Hampshire joined the growing list of states that have enacted a comprehensive consumer privacy statute when Governor Chris Sununu signed into law Senate Bill 255 (the Act). Generally, the Act follows the...more
3/15/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Washington’s My Health My Data Act (MHMDA) was enacted in an effort to close a perceived gap in privacy protection for consumer health data. MHMDA’s focus on consumer health data and right of private action deviate from...more
2/5/2024
/ Consent Agreements ,
Data Collection ,
Data Selling ,
Data-Sharing ,
Enforcement ,
Families First Coronavirus Response Act (FFCRA) ,
FERPA ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Mental Health ,
PHI ,
Privacy Laws ,
Small Business ,
Summary of Consumer Rights
State-level privacy laws in the United States continue to develop at a dizzying pace and it is understandably difficult to keep track of what takes effect when. Below we’ve outlined the statutes and regulations taking effect...more
1/30/2024
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Protection ,
Healthcare ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Personal Information ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
On January 16, New Jersey joined the list of states with comprehensive consumer privacy statutes when Governor Phil Murphy signed into law Senate Bill 332 (the New Jersey Data Privacy Act or NJDPA). The bill has undergone...more
1/22/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection Acts ,
Enforcement ,
New Jersey ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Sensitive Personal Information ,
State Privacy Laws ,
Threshold Requirements
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 September 11, Delaware Governor John Carney signed into law the Delaware Personal Data Privacy Act (DPDPA) (House Bill 154), making Delaware the thirteenth state to enact a comprehensive data privacy framework. The DPDPA...more
Oregon Governor Tina Kotek signed into law the Oregon Consumer Privacy Act (OCPA) (Senate Bill 619) on July 18, making Oregon the twelfth state to enact comprehensive data privacy legislation. The OCPA is primarily based on...more
8/16/2023
/ Consumer Privacy Rights ,
Consumers ,
Data Protection ,
Enforcement ,
Exemptions ,
Legislative Agendas ,
New Legislation ,
Oregon ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
On July 10, the European Commission issued an adequacy decision on the EU-US Data Privacy Framework (DPF), ensuring adequate protection for personal data transferred from the European Union to the United States. This decision...more
7/24/2023
/ Biden Administration ,
Binding Corporate Rules ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Privacy Framework ,
Schrems I & Schrems II ,
Standard Contractual Clauses
On June 18, Texas became the eleventh state to enact a comprehensive consumer privacy law by passing the Texas Data Privacy and Security Act (TDPSA) (HB 4). The TDPSA will take effect on July 1, 2024, which is the same day as...more
6/23/2023
/ Consumer Privacy Rights ,
Consumer Protection Laws ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Data Use Policies ,
Enforcement ,
Opt-In ,
Opt-Outs ,
Right To Cure ,
State Attorneys General ,
State Privacy Laws
On April 21, the Montana legislature unanimously passed the Montana Consumer Data Privacy Act (MCDPA) (SB 384), joining several states with general consumer data privacy bills. The MCDPA most closely aligns with the...more
On April 21, Tennessee lawmakers approved and sent to Governor Bill Lee for signature, the Tennessee Information Protection Act (TIPA), one of nine different state consumer privacy laws that are generally considered to be...more
5/1/2023
/ Consumer Privacy Rights ,
Data Protection ,
Data Selling ,
Governor Lee ,
Legislative Agendas ,
New Legislation ,
Personal Information ,
Personal Information Protection Act ,
Privacy Acts ,
State Legislatures ,
State Privacy Laws ,
Tennessee
Following closely behind Iowa’s new privacy law, on April 20, Indiana passed its consumer privacy act (SB 5) (Privacy Act), making the state the seventh to adopt what is generally considered a comprehensive consumer privacy...more
4/27/2023
/ Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Enforcement ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State Privacy Laws
This holiday season and the new year brought us a revised draft of the Colorado Privacy Act (CPA) rules, gifted by the Colorado Attorney General’s (AG) Office on December 21, 2022, along with a second round of revisions...more
2/1/2023
/ Colorado ,
Comment Period ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Legislative Agendas ,
Privacy Acts ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
State Privacy Laws
Data privacy laws can be daunting for emerging companies. The regulatory landscape is constantly evolving and news reports are filled with stories of lawsuits, fines and penalties for non-compliance. With a better...more
On May 7, Republican members of the Senate Commerce, Science and Transportation Committee formally introduced the COVID-19 Consumer Data Protection Act of 2020 (the Act), which would put temporary rules in place regarding the...more