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Montana Amends Consumer Data Privacy Act to Broaden Applicability and Enhance Protections for Minors

Montana’s amendments also remove the cure period for alleged violations beginning in October, provide prescriptive methods through which businesses have to provide consumers with targeted advertising opt out rights, and...more

Privacy Points: 2024 Recap and What to Watch For in 2025

Looking forward to 2025, more U.S. states are in line to pass omnibus data protection laws, enforcement of U.S. state data protection laws is likely to increase, and “sensitive data” concepts will similarly grow and take...more

New Colorado Privacy Act Regulations Advance, Putting in Place Consent Requirements for Those Under the Age of 18

The Colorado Department of Law adopted new regulations governing the collection and use of biometric identifiers and information about those under the age of 18 and put in place a new mechanism through which businesses can...more

DOJ Proposes Rules Limiting Transfer of Sensitive Data to Countries and Individuals

Pursuant to President Biden’s March Executive Order, the DOJ has proposed new rules limiting the transfer of certain categories of data to “countries of concern” or “covered persons”....more

Colorado Amends Privacy Act to Include Enhanced Biometric Data Requirements

The Colorado Privacy Act already required prior consent for sensitive personal data, with the amendment now setting forth requirements for purchasing and retaining biometric data. The Colorado state legislature recently...more

Three US State Data Protection Laws Set to Take Effect in Less Than Two Months

2023 saw a dramatic increase in states passing omnibus data protection laws. As the mid-point of 2024 arrives, effective dates also arrive. On July 1, 2024, the number of US states with broad, omnibus data protection laws...more

Kentucky Governor Signs Kentucky Consumer Data Protection Act into Law

Kentucky joins the growing trend of U.S. state data protection laws with well over a dozen now in place across the country. Last year proved to be a huge year in U.S. state data protection law, ending with 13 U.S. states...more

United States Looks Towards its First Cross-Border Data Transfer Regime with New Executive Order

President Biden issued an Executive Order last month calling on the DOJ and relevant government agencies to tighten regulations on bulk data transfers to “countries of concern.” In late February, President Biden issued...more

New Jersey Passes Comprehensive Data Protection Law, Adding to Quickly Growing List of States with such Laws on the Books

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

Privacy Points 2024: Recap and What to Watch For in 2024

Last year proved to be a big year in data protection with U.S. state data protection laws popping up across the country, the FTC updating its guidance and regulations on everything from data breaches and biometric...more

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

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

California Court Delays Enforcement of CPRA Regulations; as Enforcement on Originally Passed Statute Begins

The updated California data protection law itself is now in effect and enforceable as of July 1, 2023; however, enforcement of the regulations—which clarify key provisions of the law—is delayed. Just before full...more

Reminder: One Month Until Colorado and Connecticut Data Protection Laws take Effect; California Enforcement Poised to Begin.

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

Montana and Tennessee Join the Fray Enacting Omnibus Data Protection Laws as U.S. State Data Protections Pick Up Pace

Montana and Tennessee are the latest states to pass data protection laws under a “controller” and “processor” model as 2023 is proving to be a year of Privacy and Security overhaul. With 2023 showing no signs of slowing...more

Indiana Becomes Seventh U.S. State to Enact an Omnibus Data Protection Law

Indiana continues the 2023 trend of Midwest States enacting data protection laws under a “controller” and “processor” model. On April 13, 2023 the Indiana state legislature passed the Indiana Consumer Data Protection Law...more

Iowa Set to Become Sixth U.S. State to Enact an Omnibus Data Protection Law While Federal Legislation Stagnates

Like recent new U.S. state data protection laws, the Iowa law creates a “controller” and “processor” regime modeled more so after EU law than the first U.S. state data protection law in California—the CCPA. On March 15,...more

Privacy Points 2023: California and Colorado Will Soon Require Acceptance and Adherence to Universal Opt-Out Mechanisms

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

Privacy Points 2023: Different Sensitive Personal Information Rights & Requirements Emerge in New US State Data Protection Laws

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

As China Cross-Border Data Transfer Security Assessment Requirement Comes Into Effect, New Guidelines Posted for Security...

The new guidelines provide insight into how businesses can submit applications to the CAC in order to obtain approval via the CAC security assessment cross-border data transfer requirement. As of September 2022, all...more

President Biden Enacts New Executive Order On EU-US Data Flow Agreement; EU Adequacy Decision Forthcoming

The Executive Order hopes to address what had been shortcomings in the previous Safe Harbor and Privacy Shield programs that were struck down by EU courts in 2015 and 2020 respectively. On October 7, 2022, President...more

REMINDER: New UK Cross-Border Data Transfer Mechanisms Now in Effect.

Moving forward, businesses will need to use the updated Data Transfer Agreement or Data Transfer Addendum for any relationship or contract that contemplates the cross-border transfer of UK personal data. As of September...more

REMINDER: New UK Cross-Border Data Transfer Mechanisms Now in Effect.

Moving forward, businesses will need to use the updated Data Transfer Agreement or Data Transfer Addendum for any relationship or contract that contemplates the cross-border transfer of UK personal data. As of September...more

Reminder: California Employee Personal Data In-Scope of California Data Protection Law Effective Jan. 1, 2023

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

Connecticut Joins the Fray; Enacts Data Protection Law That Mirrors Other Recent State Data Protection Laws

Beginning next summer, business that meet certain thresholds must comply with the Connecticut law, including several - now common place - individual privacy rights and a requirement to obtain opt-in consent before processing...more

U.S. and E.U. Reach New Trans-Atlantic Data Flow Agreement To Replace Privacy Shield

While the announcement is short on details, once in place, U.S.-based. entities will be able to use the new agreement to comply with the GDPR’s cross-border data transfer requirements. On March 25, the U.S. and E.U....more

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