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CPPA Publishes New Draft Regulations Addressing AI, Risk Assessments, and Cyber Audits

The California Privacy Protection Agency (CPPA) recently published two new sets of draft regulations addressing a range of cutting-edge data protection issues. Although the Agency has not officially started the formal...more

European Commission Adopts Adequacy Decision for EU-US Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision for the EU-US Data Privacy Framework (Framework).  The adequacy decision concludes the long process to open up new means by which companies transfer...more

Kansas Passes an Act Requiring Mortgage Companies, Supervised Lender, and Money Transmitters to Create Information Security...

On April 24, the Governor of Kansas signed into law Kansas Senate Bill 44, which enacts the Financial Institutions Information Security Act (the “Act”). The Act requires credit services organizations, mortgage companies,...more

Senator Bennet Proposes Federal Commission to Regulate Artificial Intelligence

Following recent Senate testimony in which OpenAI CEO Sam Altman proposed additional Congressional oversight for the development of artificial intelligence (AI), Colorado Senator Michael Bennet has re-introduced the Digital...more

Banned: Montana Residents Face Countdown to the Last Days of TikTok

On May 17, 2023, Montana Governor Greg Gianforte signed into law a bill banning the use of the popular app, TikTok, by the general public within the state. Absent court intervention, the ban takes effect on January 1, 2024....more

FTC Challenge to Data Broker Precise Geolocation Sale Dismissed with Leave to Amend

In a ruling published May, 4, the Federal District Court of Idaho granted defendant data broker Kochava’s motion to dismiss a complaint filed by the Federal Trade Commission (“FTC”). In its complaint, the FTC alleged that...more

House Subcommittee Reconsiders the ADPPA after Iowa, Indiana, Montana, and Tennessee Move to Enact Privacy Laws

As we have previously posted, it has been an active year on the state privacy law front.  Indeed, the number of states with privacy laws is about to nearly double in a matter of months,  with Iowa, Indiana, Montana, and...more

Webinar Recording - Artificial Intelligence An Overview of the U.S. and EU Regulatory Landscape [Video]

The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S....more

Utah Poised to Pass Law Restricting Teen Access to Social Media

Utah Governor Spencer Cox is expected to signed SB 152, which was passed by both the House and Senate as of March 13, 2023. With this bill, Utah would join California in passing legislation designed to protect children from...more

Managing Legal Issues From the Use of ChatGPT and Generative AI

The AI application ChatGPT quickly became a household name, but already is morphing into a more advanced version of generative AI. At the same time, Microsoft’s redesigned Bing search engine will soon run on a new,...more

Colorado Finalizes CPA Regulations

On March 15, the Colorado Attorney General’s Office finalized the Colorado Privacy Act regulations.  ...more

The UK Publishes Bill to Update UK GDPR

On March 8, 2023, the U.K. Secretary of State for Science for Innovation and Technology announced the publication of the Data Protection and Digital Information (No.2) Bill. This new version of the Data Protection and Digital...more

Illinois Supreme Court: BIPA Damages Accrue with Each Collection

In a landmark decision that will have widespread effects, the Illinois Supreme Court ruled that a claim accrues each time—rather than just the first time—that data is collected in violation of the Biometric Information...more

Webinar Recording – 2023 Preview for Privacy and Data Security [Video]

2022 proved to be an historic year for privacy and data security, and 2023 is likely to follow suit. With privacy compliance deadlines looming under three state laws, a surge in data privacy litigation, new federal...more

California Enforcement Sweep Targets Mobile Apps – With a Focus on Honoring “Permission Slip” App

On Friday, January 27, California Attorney General Rob Bonta announced an investigative sweep of businesses that provide mobile apps, issuing warning letters to those that AG Bonta alleges failed to comply with the California...more

California Enforcement Sweep Targets Mobile Apps

On Friday, January 27, California Attorney General Rob Bonta announced an investigative sweep of businesses that provide mobile apps, issuing warning letters to those that AG Banta alleges failed to comply with the California...more

Privacy Policies Under the Colorado Privacy Act—Still a New Purpose-Driven Approach

With Colorado joining California as the only other state with rules implementing a comprehensive privacy law, businesses and practitioners have been anxiously watching to see whether a California-compliant privacy policy...more

2023 Privacy and Data Security Preview

2022 proved to be an historic year for privacy and data security. Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states. For the first...more

The Cost of a Click: Microsoft fined 60 Million Euros by French Privacy Watchdog for French Data Protection Act Violations

On December 22, 2022, France’s National Commission for Technology and Freedoms (“CNIL”) fined Microsoft’s Irish subsidiary 60 million euro for failure to comply with Article 82 of the French Data Protection Law (known as the...more

Colorado Releases Revised Privacy Rules

On December 21, the Colorado Attorney General released a revised draft of the Colorado Privacy Act Rules....more

Webinar Recording – The Colorado Privacy Act and Draft Rules [Video]

With its draft rules, Colorado has set forth a new model for state privacy laws. While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as...more

FTC extends deadline for updated Safeguards Rule by six months

On November 15, 2022, the FTC announced that it was extending by six months the deadline for companies to comply with some portions of the updated Safeguards Rule. The extension comes as a welcome relief to companies racing...more

FTC Extends Deadline by Six Months for Updated Safeguards Rule

On November 15, 2022, the FTC announced that it was extending by six months the deadline for companies to comply with some portions of the updated Safeguards Rule. The extension comes as a welcome relief to companies racing...more

NYDFS Announces Updated Cybersecurity Regulation

On November 9, 2022, New York Department of Financial Services (NYDFS) Superintendent Adrienne Harris announced that the NYDFS formally proposed an updated cybersecurity regulation.  Although the updates had previously been...more

Lessons from the Texas Biometric Data Action Against Google

On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”). The petition claims that...more

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