As the regulatory landscape for AI continues to evolve, Colorado is considering significant changes to its recently enacted AI Act....more
In another example of the patchwork of AI laws quietly coming into force across the US, California passed at the beginning of this year a new law regulating the use of certain AI technologies by some types of healthcare...more
With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more
1/29/2025
/ Consumer Privacy Rights ,
Cookies ,
Cyber Incident Reporting ,
Data Breach ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Privacy Laws ,
Risk Management ,
Security and Privacy Controls ,
Sensitive Personal Information ,
State Privacy Laws
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
1/28/2025
/ Antitrust Provisions ,
Competition ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Excessive Pricing ,
Federal Trade Commission (FTC) ,
Information Reports ,
Personal Data ,
Pricing ,
Product Pricing ,
Surveillance ,
Unfair or Deceptive Trade Practices
On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more
1/10/2025
/ Biometric Information ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Employee Rights ,
Privacy Laws ,
Regulatory Requirements ,
State Privacy Laws
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
1/30/2024
/ Compliance ,
Consent ,
Data Collection ,
Data Privacy ,
Data Subject Access Requests ,
Effective Date ,
Notice Requirements ,
Penalties ,
Personal Information ,
PHI ,
Privacy Laws ,
State Privacy Laws
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
1/5/2024
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Incident Response Plans ,
Personally Identifiable Information ,
Privacy Laws ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
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
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
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
7/21/2023
/ Communications Decency Act ,
Constitutional Challenges ,
COPPA ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Dormant Commerce Clause ,
Enforcement Authority ,
First Amendment ,
Online Safety for Children ,
Personal Data ,
State Privacy Laws ,
Trade Associations
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
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
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
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
The protection of children’s online data has come to the forefront as one of the most important data privacy issues both in the United States and EMEA, and California is now expected to join the list of jurisdictions to enact...more
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
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
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
Companies that do business in California know that it is a magnet for class action litigation. The California Consumer Privacy Act ("CCPA"), a new privacy law that applies to data collected about California residents, will...more
Companies that do business in California know that it is a magnet for class action litigation. The California Consumer Privacy Act ("CCPA"), a new privacy law that applies to data collected about California residents, will...more
The California Consumer Privacy Act (“CCPA”), was passed last summer as a compromise to avoid a highly restrictive privacy regime slated to appear on the November 2018 ballot in California. Amidst much controversy and debate,...more