When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader...more
7/7/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
Privacy Policy ,
Regulatory Requirements ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more
With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As...more
6/27/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida,...more
6/20/2023
/ Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Privacy Acts ,
Privacy Laws ,
Sensitive Personal Information ,
State and Local Government ,
State Privacy Laws ,
Texas
Montana now joins a growing list of states to have a comprehensive privacy law. The law was signed by the governor on May 19, 2023 and will go into effect October 24, 2024. This is before some Iowa (effective January 1, 2025)...more
The Tennessee governor has signed Tennessee’s comprehensive privacy law, which as we have indicated will go into effect July 1, 2025. As initially proposed, the law would have been effective July 1, 2024, and would have...more
5/16/2023
/ Carve Out Provisions ,
Consumer Privacy Rights ,
Covered Entities ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Protection ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
NIST ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Tennessee
With January well in the rear view mirror, companies are setting their privacy compliance sights on the next two laws to come into effect on July 1, 2023: Colorado and Connecticut. Knowing, of course, that Utah (December 31,...more
5/11/2023
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
Indiana has now become the seventh US state to enact a comprehensive privacy law after Senate Bill 5 (“SB5”) was signed by the governor on May 1, 2023. The new law will go into effect January 1, 2026, and is almost identical...more
As we wrote in November, Pennsylvania amended its data breach notification laws last year, and those changes go into effect tomorrow (May 2, 2023). Beginning tomorrow, if a breach of username/email accounts and their...more
Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more
The Utah legislature recently passed SB 152 and HB 311. While these two bills will primarily impact those who are “social media” entities under the law, they may have broader impact when the majority of their requirements...more
Companies who participate in the AdTech and digital advertising eco-system are very familiar with the Interactive Advertising Bureau and its form advertiser agreements. Those agreements can help streamline negotiations,...more
The talk of “opt-out preference signals” or global privacy controls (GPC) has been increasing as companies dig into the forthcoming requirements under US “comprehensive” privacy laws. What is an opt-out preference signal? An...more
10/25/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Connecticut ,
Data Privacy ,
Do Not Sell ,
Opt-Outs ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
Maryland recently passed two companion bills amending the state’s Personal Information Protection Act. The bills modify the data breach notification requirements and scope of businesses subject to the data security...more
Connecticut just joined California, Colorado, Utah, and Virginia in passing a comprehensive privacy law. The Connecticut Data Privacy Act (CTDPA) goes into effect July 1, 2023, the same time as Colorado’s very similar law...more
5/12/2022
/ California ,
Colorado ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Governance ,
Data Privacy ,
Data Security ,
Enforcement ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
Indiana has made a minor amendment to its data breach notification law. Starting July 1, companies who are obligated to notify under the law must do so (to affected individuals and the Indiana Attorney General) without...more
As we look to 2022, a question on many companies’ minds is what actions we will see from the FTC. Two recent developments are important on that front.
First, the FTC recently signaled its intent to initiate rulemaking on...more
12/23/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Algorithms ,
Breach Notification Rule ,
Cybersecurity ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Identity Theft ,
Online Safety for Children ,
Regulatory Oversight ,
Rulemaking Process ,
Safeguards Rule ,
State and Local Government
Virginia edges closer to its privacy law January 2023 implementation. A new working group report gives some insight on implementation focus. The working group is tasked with giving advice on implementing the Virginia Consumer...more
New York City recently amended its law governing third party delivery services, with the changes going into effect December 27, 2021. The revised law specifically permits restaurants to ask for customers’ personal information...more
9/29/2021
/ Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Collection ,
New York ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Proposed Regulation ,
Restaurant Industry ,
State and Local Government
Baltimore recently prohibited several uses of “face surveillance” technology. Under the new law companies cannot use systems that identify or verify individuals based on their face. The law also prohibits saving information...more
Colorado recently joined Virginia and California in passing a more comprehensive privacy law. The Colorado Privacy Act (CPA) will go into effect July 1, 2023. This is six months after Virginia’s law (CDPA) and California’s...more
7/14/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Protection ,
Data Security ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Liability ,
New Legislation ,
Privacy Laws ,
State and Local Government
Many states require insurance providers registered to do business in their states to complete annual certifications of compliance. The deadline in New Hampshire is comping up, and is on March 1. Alabama, Delaware, Louisiana,...more
Many have been watching facial recognition law developments closely, and saw that Portland became the first US city to regulate the use of such technology by private entities operating “places of public accommodation” within...more
The operator of CafePress, an online retailer that sells customizable mugs and other products, has reached an agreement with New York State Attorney General Letitia James and six other State Attorneys Generals to settle...more
The California Attorney General recently released a third set of proposed modifications to the CCPA regulations. As we previously covered, the CCPA regulations were approved and went into effect on August 14, 2020. Many...more