On March 24, Virginia Governor Glenn Youngkin signed SB 754 into law. SB 754, which will take effect on July 1, 2025, amends the Virginia Consumer Protection Act (VCPA) to prohibit certain entities from, in connection with a...more
While March featured a flurry of newly introduced comprehensive privacy bills, state legislatures now appear to be primarily focused on pushing existing proposals through the chambers. ...more
4/21/2025
/ Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
New Legislation ,
Personal Data ,
Personal Information ,
Privacy Laws ,
Proposed Amendments ,
Proposed Legislation ,
Regulatory Requirements ,
State Privacy Laws
As the legislative season continues, some states, like Georgia and Oklahoma, have continued to progress in the efforts to establish a comprehensive data privacy law while others, such as Alabama, Illinois, and Massachusetts,...more
3/10/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
Privacy Laws ,
State Privacy Laws
Many state governments are in the thick of their legislative sessions and we continue to see a steady wave of comprehensive data privacy bills introduced. Most notably last week, Alabama representatives introduced HB 283...more
State legislatures kept busy last year, passing seven new comprehensive privacy laws, and wrapping up 2024 with a total of nineteen state comprehensive laws imposed across the country....more
On January 8, the Department of Justice (DOJ) published its final Rule implementing Executive Order 14117 (EO), “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by...more
On January 13, 2025, the Texas Attorney General (AG) announced a lawsuit against insurance company Allstate, and its subsidiary, Arity, for allegedly collecting, using and selling the geolocation and movement of Texan...more
1/22/2025
/ Allstate ,
Consent ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Geolocation ,
Personal Data ,
Privacy Laws ,
State Attorneys General ,
State Privacy Laws ,
Statutory Violations
With the publication of a recent Notice of Proposed Rulemaking (NPRM), the Department of Justice National Security Division will soon become an important new regulator of transactions involving the transfer of sensitive U.S....more
10/29/2024
/ Biden Administration ,
China ,
Civil Investigation Demand ,
Comment Period ,
Compliance ,
Covered Person ,
Cross-Border Transactions ,
Data Retention ,
Department of Justice (DOJ) ,
Due Diligence ,
Executive Orders ,
International Data Transfers ,
International Emergency Economic Powers Act (IEEPA) ,
National Security ,
Personal Data ,
Proposed Rules ,
Regulatory Authority ,
Russia ,
Sensitive Personal Information
August 20, 2024 signaled the end of the California Privacy Protection Agency’s (CPPA) Notice of Proposed Regulatory Action (NPRA) comment period for Senate Bill 362, also known as the Delete Act (the “Act”)....more
9/11/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Comment Period ,
Data Brokers ,
Minors ,
New Legislation ,
Personal Data ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Registration Requirement ,
Reproductive Healthcare Issues
On June 13, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) (H. 7787/S. 2500), with the bill passing into law on June 29....more
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more
5/22/2024
/ Compliance ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
Effective Date ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Data ,
PHI ,
Popular ,
Proposed Legislation ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
As we progress deeper into the 2024 legislative session, developments in the comprehensive privacy law arena have continued apace. In the weeks since our last update, New Hampshire formally joined the ranks of states with...more
On March 11, the Kentucky Senate passed the Kentucky Consumer Data Protection Act (KCDPA or the “Act”) (House Bill 15) by a unanimous 35-0 vote. Upon House concurrence and the governor’s signature, the Act would become the...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...more
Following a busy 2023 in which seven states enacted comprehensive privacy laws, we entered this year expecting additional activity on this front across state legislatures. The opening weeks of 2024 have not disappointed. Most...more
On August 9, 2023, India passed a data protection law that will govern how entities who process users’ personal data. The Digital Personal Data Protection Act (“the Act”) will establish guardrails for how organizations should...more
8/21/2023
/ Consent ,
Data Privacy ,
Data Processing Rules ,
Extraterritoriality Rules ,
Fiduciary Duty ,
India ,
International Data Transfers ,
Legislative History ,
New Legislation ,
Personal Data ,
Privacy Laws
The Massachusetts Gaming Commission recently approved regulations to ensure data privacy and security for sports betters in the Commonwealth. On August 8, 2023, the commissioners approved 205 CMR 257, Sports Wagering Data...more
On July 14, the California Privacy Protection Agency (CPPA or the “Board”) hosted a meeting to discuss key issues. Notably, the Board’s New CPRA Rules Subcommittee (“the Subcommittee”) previewed three areas of forthcoming...more
8/9/2023
/ Advisory Board ,
Artificial Intelligence ,
Audits ,
Automation Systems ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Cybersecurity ,
Machine Learning ,
Personal Data ,
Personal Information ,
Proposed Regulation ,
Risk Assessment
On June 27, the Federal Trade Commission (FTC) announced an enforcement action against Publishers Clearing House (PCH) in connection with the company’s long-running sweepstakes promotions. Though the FTC’s complaint alleges a...more
7/18/2023
/ Advertising ,
CAN-SPAM Act ,
Consumer Privacy Rights ,
Contests & Promotions ,
Data Collection ,
Data-Sharing ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Personal Data ,
Privacy Policy ,
Sweepstakes ,
Targeted Digital Advertising
On July 10, 2023, the European Commission adopted its long-awaited adequacy decision for the EU-U.S. Data Privacy Framework (“Adequacy Decision”). This ends a three-year journey to set up a successor to the EU-U.S. Privacy...more
7/12/2023
/ Adequacy Requirement ,
Court of Justice of the European Union (CJEU) ,
Department of Justice (DOJ) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Iceland ,
International Data Transfers ,
Liechtenstein ,
Member State ,
Norway ,
Personal Data ,
U.S. Commerce Department
On June 30, the Delaware legislature passed the Personal Data Privacy Act (“the Act”). The Act now moves to the Delaware Governor’s desk for consideration and, if signed into law, will make Delaware the seventh state this...more
7/11/2023
/ Advertising ,
Advertising to Minors ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Minors ,
Notice Requirements ,
Opt-Outs ,
Pending Legislation ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Unfair or Deceptive Trade Practices