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Akin Intelligence - April 2025

On May 19, 2025, President Trump signed the bipartisan TAKE IT DOWN Act into law. The Act criminalizes the publication of nonconsensual intimate visual depictions of individuals, including AI-generated deepfakes. Threats to...more

New FTC Final Rule Changes COPPA Obligations for Online Services Collecting Data from Children

On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use,...more

Security Requirements and Compliance Obligations in DOJ's Final Rule on Data Transactions

The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more

DOJ Regulations Will Restrict Data Transactions to Address National Security Concerns

The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more

CPPA Opens Public Comment Period for Proposed AI Regulations

The California Privacy Protection Agency (CPPA) announced the formal public comment period for its latest proposed rulemaking package, which includes updates to existing regulations and introduces new guidelines for automated...more

Cybersecurity & Data Privacy Issues in Fund Finance

During the course of any lending transaction, lenders will conduct a due diligence review of the borrower, including reviewing any relevant “know-your-customer” information. In the context of a fund finance transaction, this...more

Kentucky Data Protection Act: What Businesses Need to Know

On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more

Delaware Data Protection Act: What Businesses Need to Know

In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will...more

Akin Intelligence - March 2024

Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more

California Court of Appeals Rules CPPA Can Start Enforcing Regulations

On February 9, 2024, California’s Third District Court of Appeals ruled that the California Privacy Protection Agency (CPPA) may begin enforcing its finalized data privacy regulations immediately, overturning the lower...more

President Biden’s AI EO: Key Takeaways for Cybersecurity & Data Privacy

On October 30, 2023, the Biden administration released a far-reaching executive order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The EO issues directives related to the use...more

CPPA Takes Aim at Connected Cars in First-Ever Review

On July 31, 2023, the California Privacy Protection Agency (CPPA) announced an enforcement review of the data privacy practices of connected vehicle (CV) manufacturers and technologies. This marks the first time the state’s...more

Tennessee Information Protection Act: What Businesses Need to Know

On May 11, 2023, Tennessee joined the rapidly growing ranks of U.S. states to enact a comprehensive data privacy law as Gov. Bill Lee (R-TN) signed the Tennessee Information Protection Act (TIPA) into law. Taking effect July...more

As Biometrics Technologies Evolve, Consumer Risks Follow, Warns FTC

In a policy statement released on May 18, 2023, the Federal Trade Commission (FTC) warned of several consumer data privacy risks related to the increasing commercial use of biometrics technologies.  The Commission unanimously...more

Texas Data Privacy Act: What Businesses Need to Know

On June 18, 2023, Texas enacted the Texas Data Privacy and Security Act (TDPSA), joining the rapidly growing list of U.S. states with comprehensive data privacy laws.1 The statute will take effect on July 1, 2024, except for...more

Businesses and Consumers Prepare as the CTDPA Takes Effect on July 1

As state-level data protection legislation steadily expands, one of the country’s early comprehensive privacy laws to be enacted, the Connecticut Data Privacy Act (CTDPA), will take effect on July 1, 2023. The CTDPA imposes...more

FTC Commercial Data Surveillance Crack Down: Kochava Gains a Win in Data Privacy Suit

On May 4, 2023, an Idaho federal judge ruled that the Federal Trade Commission (FTC) needs stronger assertions of consumer harm in order for its data privacy suit against data broker/mobile analytics provider Kochava Inc....more

Illinois Supreme Court Opens the Door for Huge Damages Claims in BIPA Actions

The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme...more

Iowa Data Protection Act: What Businesses Need to Know

On March 29, 2023, Iowa Gov. Kim Reynolds signed into law Senate File 262, the Iowa Act Relating to Consumer Data Protection (ICDPA). Taking effect nearly two years from now on January 1, 2025, the ICDPA makes Iowa the sixth...more

HHS Unveils New Cybersecurity Guide

The U.S. Department of Health and Human Services (HHS) continues to play a central role in helping health care organizations defend against cybersecurity threats, issuing cybersecurity briefs and a new cybersecurity framework...more

Colorado Privacy Act Regulations Finalized

On March 15, 2023, the Colorado Attorney General (AG) finalized its set of regulations implementing the Colorado Privacy Act (CPA) – the Colorado Privacy Act Rules (“Colorado Rules”). The Colorado Rules clarify and expand...more

New York AG Releases Data Security Guide to Help Businesses Protect Consumer Personal Information

On April 19, 2023, the New York Attorney General (AG) published “Protecting Consumer’s Personal Information: Tips for Businesses to Keep Data Safe and Secure,” outlining data security best practices based on the AG’s...more

CCPA Regulations Now Effective: California OAL Gives Highly-Anticipated Approval

On March 30, 2023, the California Privacy Protection Agency (CPPA) announced that the California Office of Administrative Law (OAL) has approved the CPPA’s regulations and filed them with the Secretary of State, completing...more

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