On September 15, 2022, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) to promulgate a “Rule on Impersonation of Government and Businesses,” which would prohibit the impersonation of...more
The California Attorney General (AG) made headlines in August by issuing a $1.2 million fine against online retailer Sephora to resolve allegations that the business violated the California Consumer Privacy Act (CCPA). This...more
On September 15, 2022, California Governor Newsom announced his signing of A.B. 2273, the California Age-Appropriate Design Code Act, which the legislature passed on August 30. The law – modeled after the United Kingdom...more
9/19/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
COPPA ,
Data Profiling ,
Governor Newsom ,
New Legislation ,
Online Advertisements ,
Privacy Settings ,
Targeted Digital Advertising ,
Transparency ,
UK
On August 30, 2022, the California Legislature passed A.B. 2273, the California Age-Appropriate Design Code Act. The bill – which is modeled after the United Kingdom Information Commissioner’s Office code of practice for age...more
9/1/2022
/ Algorithms ,
California ,
California Consumer Privacy Act (CCPA) ,
COPPA ,
Data Profiling ,
Data Protection ,
Marketing ,
Online Advertisements ,
Privacy Settings ,
Private Right of Action ,
UK
On July 29, 2022, the New York Department of Financial Services (DFS) released Draft Amendments to its Part 500 Cybersecurity Rules. These changes are open for a preliminary public comment until August 18, and then an...more
8/17/2022
/ Chief Information Security Officer (CISO) ,
Covered Entities ,
Cyber Incident Reporting ,
Cybersecurity ,
Financial Institutions ,
Financial Services Industry ,
Multi-Factor Authentication ,
New York ,
Popular ,
Proposed Amendments ,
Securities and Exchange Commission (SEC)
On August 11, 2022, the Consumer Financial Protection Bureau (CFPB) published a Circular stating that the failure of financial institutions, including nonbank financial firms such as fintech companies and credit reporting...more
On August 11, 2022, the Federal Trade Commission (FTC) released its much anticipated advance notice of proposed rulemaking (ANPR), titled “Trade Regulation Rule on Commercial Surveillance and Data Security.” The ANPR is the...more
8/12/2022
/ Administrative Procedure Act ,
Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Communications Decency Act ,
Consent ,
Consumer Financial Products ,
Corporate Counsel ,
Data Collection ,
Data Security ,
Federal Register ,
Federal Trade Commission (FTC) ,
FTC Act ,
Surveillance ,
Transparency ,
Unfair or Deceptive Trade Practices
At its July Open Commission meeting, the Federal Communications Commission’s (FCC or Commission) voted to approve a Notice of Apparent Liability for Forfeiture (NAL) against Thomas Dorsher, ChariTel Inc, OnTel Inc, and...more
7/20/2022
/ Arbitrage ,
Consent ,
FCC ,
Notice of Apparent Liability (NAL) ,
Piercing the Corporate Veil ,
Public Announcements ,
Robocalling ,
Scams ,
TCPA ,
Toll-Free Numbers ,
Willful Violations
The Federal Trade Commission (FTC) recently published a blog post that highlights the agency’s continued focus on “highly sensitive data,” including information about a person’s health and precise location data. The blog...more
On July 7, 2022, the Federal Communications Commission (FCC or Commission) and the Attorney General of the State of Ohio (Ohio AG) announced a coordinated enforcement initiative that signals a major shift in how state and...more
The Federal Trade Commission (FTC or Commission) now has a full slate of Commissioners with the confirmation and swearing-in of Commissioner Alvaro Bedoya, who brings an extensive background in privacy issues....more
6/29/2022
/ Algorithms ,
Artificial Intelligence ,
CafePress ,
COPPA ,
Data Collection ,
Data Security ,
Federal Trade Commission (FTC) ,
FTC Act ,
Notice Requirements ,
Personal Information ,
Surveillance
On May 27, 2022, the California Privacy Protection Agency (CPPA or Agency) released a much-anticipated draft of the regulations that would implement certain provisions of the California Privacy Rights Act (CPRA)....more
6/29/2022
/ Audits ,
California Privacy Rights Act (CPRA) ,
Consent ,
Consumer Requests ,
Data Collection ,
Data Processors ,
Disclosure Requirements ,
Enforcement Actions ,
New Regulations ,
Personal Information ,
Privacy Policy ,
Sensitive Personal Information
On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more
6/10/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Processing Rules ,
Data Protection ,
Data Protection Acts ,
Data Retention ,
Federal Trade Commission (FTC) ,
Privacy Laws ,
Private Right of Action ,
Proposed Legislation
The Federal Trade Commission (FTC) now has a full slate of Commissioners and it is expected to ramp up privacy and cybersecurity enforcement and rulemaking in a number of critical areas. Join us for a discussion of the FTC’s...more
6/2/2022
/ Biometric Information ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Data Use Policies ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Personally Identifiable Information ,
PHI ,
Popular ,
Rulemaking Process ,
Targeted Digital Advertising ,
Webinars
On May 19, 2022, the Federal Communications Commission (FCC or Commission) adopted a Report and Order, Order on Reconsideration, Order, and Further Notice of Proposed Rulemaking that significantly expands obligations on...more
Public comments in an ongoing cybersecurity proceeding at the National Institute of Standards and Technology (NIST) highlight the utility of a foundational cybersecurity document while also providing suggestions for its...more
On May 10, 2022, Connecticut became the fifth state in the nation to pass its own omnibus privacy legislation, joining California, Virginia, Colorado, and Utah. While Senate Bill 6, the Personal Data Privacy and Online...more
5/23/2022
/ Attorney General ,
California Privacy Rights Act (CPRA) ,
Connecticut ,
Data Controller ,
Data Privacy ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Right To Cure ,
Right To Know ,
State Privacy Laws
Public comments on updating the National Institute of Standards and Technology’s (NIST), the Framework for Improving Critical Infrastructure Cybersecurity (CSF), highlight private and public sector interest in this core...more
Join us to discuss effective approaches to managing due diligence on privacy and cybersecurity issues across transactions. Companies considering acquisitions or joint ventures will need to engage in effective management of...more
5/9/2022
/ Acquisitions ,
Artificial Intelligence ,
Cybersecurity ,
Data Privacy ,
Data Security ,
Due Diligence ,
Information Governance ,
Joint Venture ,
Popular ,
Risk Management ,
Webinars
As artificial intelligence (AI) becomes increasingly embedded into products, services, and business decisions, state and local lawmakers have been considering and passing a range of laws addressing AI....more
The European Union (EU) and United States have reached a “deal in principle” to establish a new Trans-Atlantic Data Privacy Framework (Framework), which is meant to foster the exchange of data between the EU and U.S. This new...more
On March 29-31, 2022, the National Institute for Science and Technology (NIST) held its second broad stakeholder workshop on its draft Artificial Intelligence Risk Management Framework, titled Building the NIST AI Risk...more
On March 3, 2022, the Federal Trade Commission (FTC) reached a settlement with WW International, Inc. (formerly known as Weight Watchers) and its subsidiary Kurbo, Inc. to resolve a complaint that the companies’ app – Kurbo...more
On March 3, 2022, the Utah House of Representatives passed a consumer privacy bill: the Utah Consumer Privacy Act. The bill had already passed the Utah Senate in February, and at the time of this writing, awaits a signature...more
The National Institute of Standards and Technology (NIST) has kicked off the process for revamping its flagship cybersecurity guidance document – the Framework for Improving Critical Infrastructure Cybersecurity (CSF), which...more