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Are Cookies Banners Crumbling?

As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what...more

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

Navigating Consumer Opt-Outs in Corporate Transactions: Insights on California’s AB 1824

On September 29, 2024, California Governor Gavin Newsom signed AB 1824  into law, amending the California Consumer Privacy Act (CCPA) to require entities involved in corporate transactions, such as mergers and acquisitions,...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

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

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

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

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

HR data is now regulated under California privacy law: How to tackle compliance

2023 will be yet another dynamic year for data privacy regulation.  In addition to the data privacy laws in Virginia, Colorado, Utah, and Connecticut going into force this year, businesses also have to contend with the fact...more

Comparing the Data Protection Assessment Requirements Across the Next Generation of U.S. State Privacy Laws

What is a data protection impact assessment (DPIA)? A data protection impact assessment or data protection assessment (DPIA) is a form of risk assessment that is designed to help organizations identify, analyze and...more

The CPRA Digest: Contracting with “Contractors”

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

The CPRA Digest: Data Minimization

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”),...more

CCPA Privacy FAQs: Are businesses required to display the “Do Not Sell My Personal Information” link during subsequent visits to...

Civil Code Section 1798.135(a)(1) provides that businesses must  establish “a clear and conspicuous link on the business’ Internet homepage, titled ‘Do Not Sell My Personal Information,’ to an Internet Web page that enables a...more

CCPA Privacy FAQs: If a business receives a data subject access request, does it have to provide the specific pieces of personal...

Pursuant to Cal. Civ. Code Sections 1798,100(a), and 1798.110(a) and (b), a consumer has a right to request, and a business that “collects personal information about a consumer” has an obligation to disclose and deliver upon...more

Nevada Beats California to the Punch – New Privacy Requirements To Take Effect in October

On May 29, 2019, Nevada adopted Senate Bill No. 220 emulating portions of the California Consumer Protection Act (“CCPA”) with respect to permitting individuals to opt out of the sale of their personal information.  While...more

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