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New HHS Guidance on Cookies

On March 18, 2024, the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”) updated prior guidance concerning the use of online tracking technologies, including cookies, by Covered...more

Washington My Health My Data Act Faqs: Data Subject Rights

On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more

Reviewing SAAS Agreements in the Age of AI

The development and implementation of AI-powered tools, including in SaaS platforms, have experienced a meteoric rise over the course of the last year. Businesses are understandably looking to realize competitive advantages...more

Time to Comply: Washington My Health My Data Act

On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more

Pressure-Testing Your Privacy Program for 2024

With the onslaught of new privacy legislation and cyber threats coupled with upticks in enforcement, running a well-functioning and flexible privacy program is now, more than ever, a critical component of an organization’s...more

California's Delete Act: A First of Its Kind Data Broker Law

On October 10, 2023, California Governor Gavin Newsom signed SB 362 into law. The “Delete Act” is intended to bridge a gap in consumer privacy rights – whereas the California Privacy Rights Act (the CPRA) grants consumers the...more

The Future of Insurance - Colorado’s New ECDIS and AI Model Regulations

On September 21, 2023, the Colorado Division of Insurance adopted a Final Regulation implementing S.B. 21-169, the 2021 law governing Colorado-licensed insurers’ use of external consumer data and information sources (ECDIS),...more

Cookies Banners and Beyond: How to Avoid Common Mistakes

The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more

US State-by-State AI Legislation Snapshot

BCLP actively tracks the proposed, failed and enacted AI regulatory bills from across the United States to help our clients stay informed in this rapidly-changing regulatory landscape. The interactive map is current as of...more

California’s Legislative Session Ends Without Action on AI

After nearly seven months of lawmaking, California legislators ended this session without the passage of a bill regulating the development or deployment of artificial intelligence (AI) systems....more

SEC Proposes Stringent New Conflict-of-Interest Rules Regarding Broker-Dealers’ and Investment Advisers’ Use of AI

On July 26, 2023, the majority of the Commissioners of the U.S. Securities and Exchange Commission (the “SEC”) voted to propose new rules under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to...more

A Kinder, Gentler Consumer Health Data Bill: Nevada’s SB 370

On June 16, 2023, Nevada Governor Joe Lombardo signed SB 370 into law. This new law is a consumer health data bill that is similar in many ways to Washington’s My Health My Data Act (MHMDA). SB 370, like most provisions of...more

California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...more

Colorado Privacy Act - Enforcement is here

The Colorado Privacy Act (“CPA”), Colorado’s first comprehensive consumer privacy law, came into effect on July 1, 2023.  Like many new privacy laws, though, there has been uncertainty surrounding when meaningful enforcement...more

Expansion of Connecticut Data Privacy Act

As with a growing number of states, Connecticut passed a comprehensive consumer privacy law, the Connecticut Data Privacy Act (the “CTDPA”), on May 10, 2022. The CTDPA becomes effective on July 1, 2023 and, in spite of the...more

A Quick Lesson on Harnessing Artificial Intelligence

A recent case highlights another area of potential legal risk with using generative AI: liability for content when AI simply gets the facts wrong. Earlier this month, a radio host sued OpenAI in Georgia state court,...more

U.S. state legislative bills on AI: a mid-year update

In 2023, state legislatures across the U.S. responded to the growing impact of artificial intelligence (AI) by introducing a substantial number of bills aimed at regulating its development and use by private industry. To...more

The Colorado Privacy Act applies to non-profits - is your non-profit ready?

To date, US non-profit organizations have enjoyed an exemption from the state omnibus privacy laws. That’s about to change. Unlike the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA),...more

Colorado’s “Loyalty Program” regulations are final, and they blow California’s rules out of the water

On March 15, 2023, the Colorado Attorney General’s Office announced the finalization of the Regulations implementing the Colorado Privacy Act (CPA), which will take effect on July 1, 2023. Covered businesses that make use of...more

Washington My Health My Data Act: Compliance Hurdles and How to Prepare

On April 27, 2023, the Washington state governor signed into law the My Health My Data Act, also known as the MHMDA. The majority of the law’s provisions will take effect on March 31, 2024, providing companies with one...more

2023 State-by-State Artificial Intelligence Legislation Snapshot

Artificial Intelligence (AI), once limited to the pages of science fiction novels, has now been adopted by more than 1/4 of businesses in the United States, and nearly half of all organizations are working to embed AI into...more

New York City Finalizes Rules for AI Bias in Employment Law and Postpones Enforcement until July 2023

Artificial Intelligence (AI) has enormous potential to make many operational tasks easier, including hiring and retention functions. Nonetheless, the technology – unchecked – could produce discriminatory outcomes....more

Enforcement is Coming - Are your Privacy Policy and Cookies Solution Ready?

On January 1, 2023, the California Privacy Rights Act of 2020, which amended the existing California Consumer Privacy Act (collectively, the “CPRA”) and Virginia’s Consumer Data Protection Act (“VCDPA”) went into effect....more

Precise Geolocation: Recent Trends and Enforcement

“Precise Geolocation” has become a hot button issue in the privacy world with recent data privacy laws seeking to regulate the collection and processing of such information, including in California and Virginia. The...more

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