In a putative class action filed on June 28, 2023, in the Northern District of California, and in other similar cases, plaintiffs allege that OpenAI, Microsoft, and their respective affiliates violated the privacy rights of...more
7/18/2023
/ Artificial Intelligence ,
Business Model ,
Computer Fraud and Abuse Act (CFAA) ,
Copyright Infringement ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Getty Images ,
Intellectual Property Protection ,
Machine Learning ,
Open Source Software ,
Privacy Laws ,
Putative Class Actions ,
Software ,
User-Generated Content ,
Web Scraping
As more states adopt consumer data privacy laws, Nevada and Washington stand out for their recent passage of legislation aimed specifically at protecting “consumer health data.” Both states’ laws are notably broad in their...more
1. Consumer Law Reforms -
2023 will see an increase in class action lawsuits targeting per- and poly-fluoroalkyl substances (PFAS) in consumer products as more PFAS-limiting laws go into effect. Specifically, we expect food...more
4/4/2023
/ Artificial Intelligence ,
Automatic Renewals ,
Cryptoassets ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Influencers ,
Non-Fungible Tokens (NFTs) ,
PFAS ,
Popular ,
Privacy Laws ,
Product Packaging ,
Proposition 65 ,
ROSCA ,
Subscription Services ,
Toxic Chemicals ,
Unfair or Deceptive Trade Practices
Five new state omnibus privacy laws take effect in 2023, with two that already kicked in on January 1.
The California Privacy Rights Act (CPRA) – effective January 1, 2023, enforceable July 1, 2023....more
The Latest Trends and Developments in the Class Actions World -
Labor & Employment-
Labor and Employment class actions involving contractors are on the rise in California, especially in its $50-plus billion per annum...more
Colorado Department of Law Issues Draft CPA Revisions -
On December 22, the Colorado Department of Law issued updates to the draft Colorado Privacy Act (CPA) rules. These revisions build on written comments and feedback from...more
1/13/2023
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
COPPA ,
Data Security ,
Employee Definition ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
New Guidance ,
Penalties ,
Personal Data ,
Popular ,
Privacy Laws ,
Rulemaking Process ,
Standard Contractual Clauses ,
UK
California Privacy Protection Agency Releases Revised Regulations -
With the effective date less than three months away, and ahead of a Board Meeting on October 28 and 29, the California Privacy Protection Agency released...more
10/24/2022
/ Biometric Information Privacy Act ,
California ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
EU ,
European Commission ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
Interactive Advertising Bureau ,
Internet of Things ,
Joe Biden ,
National Security ,
NIST ,
Online Safety for Children ,
PIPEDA ,
Popular ,
Privacy Framework ,
Privacy Laws ,
Ransomware ,
Schrems I & Schrems II ,
Sensitive Personal Information
Between consumer demand for more transparency and anticipated 2023 privacy laws, companies may be vulnerable to class action lawsuits. Anthony V. Lupo invites Privacy, Cybersecurity, and Data Protection Partner Eva J. Pulliam...more
10/5/2022
/ Adtech ,
Bots ,
Class Action ,
Consumer Privacy Rights ,
Cookies ,
Data Privacy ,
Fashion Industry ,
Internet Retailers ,
Metaverse ,
Online Advertisements ,
Privacy Laws ,
Privacy Policy
FTC Publishes Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security -
Concerned that companies use secret surveillance practices to collect “vast troves” of consumer information, the Federal...more
8/18/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
California Consumer Privacy Act (CCPA) ,
CIPA ,
Data Security ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Rulemaking Process ,
Sensitive Personal Information ,
UK ,
UK Data Protection Act
Five new state omnibus privacy laws have been passed and will go into effect in 2023. Organizations should review their privacy practices and prepare for compliance with these new privacy laws....more
CPPA Amends Draft CPRA Regulations & Announces Public Comment Dates -
The California Privacy Protection Agency (CPPA) has announced amendments to the California Privacy Rights Act proposed regulations, which primarily...more
7/13/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cookies ,
Data Breach ,
Data Brokers ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Act ,
General Data Protection Regulation (GDPR) ,
Metaverse ,
New Regulations ,
Privacy Laws ,
Rulemaking Process
California Privacy Protection Agency Releases Draft CPRA Regulations -
The California Privacy Protection Agency (CPPA) just released proposed California Privacy Rights Act (CPRA) regulations. The regulations expand...more
6/8/2022
/ Artificial Intelligence ,
Biometric Information ,
California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CNIL ,
Cyber Crimes ,
Data Breach ,
Data Security ,
Department of Justice (DOJ) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Job Applicants ,
Personal Information ,
Privacy Laws ,
Schrems I & Schrems II
US News -
Utah Will Soon Publish US’s Latest Comprehensive State Privacy Law -
The Utah Consumer Privacy Act, also known as Senate Bill 227, recently cleared the Senate and the House. Though there are a few more steps...more
3/11/2022
/ Biometric Information Privacy Act ,
California Privacy Rights Act (CPRA) ,
Class Action ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Dismissals ,
Enforcement ,
EU ,
European Commission ,
General Data Protection Regulation (GDPR) ,
India ,
New Legislation ,
Oman ,
Popular ,
Privacy Laws ,
Proposed Regulation ,
Settlement ,
State and Local Government ,
State Privacy Laws ,
Wiretapping ,
Workers Compensation Act
The California Attorney General sent a sweep of notices to businesses with loyalty programs alleging noncompliance with the California Consumer Privacy Act.
Why are loyalty programs implicated in the California Consumer...more
Best Practices for the Virginia Consumer Data Protection Act -
The Virginia Consumer Data Protection Act (VCDA) Working Group of the Joint Commission on Technology and Science released its final report on best practices...more
12/10/2021
/ CDPA ,
CNIL ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Employee Monitoring ,
Enforcement Actions ,
ENISA ,
European Data Protection Board (EDPB) ,
European Economic Area (EEA) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Privacy Laws ,
Ransomware ,
UNESCO ,
Virginia
BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits.
What to Know -
Class...more
Colorado passes its own omnibus state privacy law. Although there are overlaps with the California and Virginia privacy laws, the Colorado Privacy Act has its own distinctions and variations, namely a longer cure period and...more
6/18/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Data Profiling ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising
2021 is off to a strong start in privacy legislation with Virginia passing the second state comprehensive consumer privacy law in the US.
Who Is Covered? -
The Virginia Consumer Data Protection Act (CDPA) applies to...more
3/8/2021
/ Consent Agreements ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising ,
Virginia
According to the Council of the European Union, there are plans to move forward with replacing the Cookie Directive with the ePrivacy Regulation.
Background on the ePrivacy Directive -
While the General Data...more
The DCIA was introduced on November 17, 2020, to replace Canada’s current national privacy law for the private sector, the Personal Information Protection and Electronic Documents Act (PIPEDA).
PIPEDA came into force in...more
The CPRA, also referred to as CCPA 2.0, is a more robust version of the CCPA. The original drafter of the CCPA put CPRA on the ballot to amend and bolster key provisions in the CCPA....more
The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and Attorney General enforcement began July 1, 2020.
Among the various changes the new law has required for covered entities, one that has...more
FBI Issues Updated Ransomware Guidance -
A recent report from New Zealand-based cybersecurity firm Emsisoft has revealed the extent to which ransomware is being used in cyberattacks in the United States. The first 9 months...more
11/21/2019
/ Advertising to Minors ,
Bilateral Agreements ,
California Consumer Privacy Act (CCPA) ,
China ,
CLOUD Act ,
Comment Period ,
COPPA ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Protection Authority ,
EU ,
False Advertising ,
FBI ,
Federal Trade Commission (FTC) ,
Germany ,
Guidance Update ,
Influencers ,
Personal Information ,
Popular ,
Privacy Laws ,
Proposed Regulation ,
Ransomware ,
Social Media ,
Social Networks ,
State Attorneys General ,
State Data Privacy Laws ,
UK ,
Unfair or Deceptive Trade Practices
Equifax to Pay up to $700 Million as Part of Settlement for 2017 Data Breach -
Equifax has agreed to pay at least $575 million, and potentially up to $700 million, as part of a global settlement with the FTC, the CFPB, and...more
8/13/2019
/ Amended Regulation ,
Brazil ,
California Consumer Privacy Act (CCPA) ,
Canada ,
Capital One ,
Comment Period ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Privacy Rights ,
COPPA ,
Data Breach ,
Equifax ,
EU ,
Federal Trade Commission (FTC) ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Proposed Amendments ,
Public Hearing ,
Security and Privacy Controls ,
Settlement ,
Websites
Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more
7/22/2019
/ CNIL ,
Cookies ,
Data Protection Authority ,
e-Privacy Directive ,
EU ,
France ,
General Data Protection Regulation (GDPR) ,
Guidance Update ,
Implied Consent ,
Prior Express Consent ,
Privacy Laws ,
UK ,
UK ICO ,
Website Owner Liability ,
Websites