Trends and areas of focus under U.S. state data protection laws emerge as U.S. states with data protection laws in place increase enforcement actions and coordination....more
5/20/2025
/ California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consumer Privacy Rights ,
Cookies ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Authority ,
Enforcement Priorities ,
Opt-Outs ,
Popular ,
State Attorneys General ,
State Privacy Laws
The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more
Like Texas’s data protection law, Nebraska’s does not contain a minimum revenue threshold or a minimum number of consumers whose personal data needs to be processed prior to the law applying....more
Nevada’s new consumer health data law—like Washington’s My Health My Data Act—implements strict—and separate—consent requirements for the collection and sharing of an individual’s health data, with few exceptions.
March...more
New Jersey continues the 2023 trend into 2024 of U.S. states quickly passing similar, omnibus data protection laws, becoming the 14th such state to do so.
Last year proved to be a huge year in U.S. state data protection...more
Utah became the fourth U.S. state to pass an omnibus data protection law when the Utah Consumer Privacy Act was signed into law March 24, 2022.
As the page turns to a new year, a new U.S. state data protection law will...more
Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law.
In the U.S.,...more
11/17/2023
/ Adtech ,
Audits ,
Consent ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Personal Data ,
Privacy Laws ,
Recordkeeping Requirements ,
Sensitive Personal Information ,
State Privacy Laws ,
Third-Party Service Provider
Enacted in 2022, the laws in Colorado and Connecticut will now join California’s and Virginia’s laws in placing broad obligations and requirements on businesses’ data collection and use practices.
This year has seen a...more
While States like Illinois, Texas, and Washington focused on opt-in consent; the FTC is focused on clear and conspicuous disclosures and accounting and planning for foreseeable harms related to the collection of biometric...more
Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators.
With new US state data protection laws taking...more
2/7/2023
/ Audits ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Data Security ,
Personal Information ,
Privacy Laws ,
State Privacy Laws ,
Subcontractors ,
Third-Party Service Provider
As Colorado and other US states join California in putting broad data protection laws and regulations in place, the ability for consumers to “opt-out” of certain collection and processing activities also expands—including a...more
Colorado Connecticut, and Virginia landed on requiring opt-in, prior consent before a business can collect sensitive personal information; while California and Utah landed on different forms of opt-out rights that allow...more
The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors.
On October 12, 2022, a jury found...more
The Employee Data Exemptions that existed in the original CCPA will no longer be effective in 2023 as the scope of the data protection law expands under the CPRA.
In November 2020, California residents voted to adopt the...more
9/9/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
Data Collection ,
Data Privacy ,
Effective Date ,
Employee Privacy Rights ,
Employer Liability Issues ,
Exemptions ,
Personal Data ,
Personal Information