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Generative AI: Privacy and Consumer Protection Considerations

Generative AI (GenAI) has been at the top of the headlines lately, transforming fields as varied as journalism, marketing, and gaming, boosting productivity and profitability, and performing functions previously limited to...more

The Sixth State: Iowa Enacts Comprehensive Privacy Law

On March 28, 2023, Iowa Governor Kim Reynolds signed “An Act Relating to Consumer Data Protection” (SF 262) (ICDPA), making Iowa the sixth U.S. state to enact a comprehensive consumer privacy law following California,...more

Colorado AG’s Office Announces Final Colorado Privacy Act Rules: Key Takeaways

On March 15, 2023, the Colorado Attorney General’s (Colorado AG) office released the final version of the Colorado Privacy Act (ColoPA) rules (the final rules), which are based on public comments on the third version of the...more

EU Privacy Regulators Coordinate to Assess Compliance with the GDPR Rules on Data Protection Officers

On March 15, 2023, the European Data Protection Board (EDPB) announced a coordinated action on the role of the data protection officers (DPOs). The data protection authorities (DPAs) will ask DPOs a series of questions to...more

White House Releases National Cybersecurity Strategy: Key Takeaways for the Private Sector

On March 2, 2023, the White House released its National Cybersecurity Strategy (the Strategy). The Strategy sets out ambitious goals for the federal government to hold countries accountable for irresponsible behavior in...more

European Commission Seeks Companies' Input on GDPR Enforcement

On February 24, 2023, the European Commission (EC) opened a public consultation on its initiative (Initiative) to revise procedural rules relating to the enforcement of the EU General Data Protection Regulation (GDPR). The EC...more

FTC Announces First Enforcement Action Under the Health Breach Notification Rule Against GoodRx

On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that...more

Colorado Attorney General’s Office Releases Third Version of Draft Rules for Colorado Privacy Act: Key Takeaways

On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on...more

2023 U.S. Cybersecurity Predictions

Given that cyberattacks continue to be sophisticated and severe, and cybersecurity continues to be a top concern for regulators, consumers, business partners, and investors, companies should be proactive and devote adequate...more

President Biden Signs Executive Order to Implement the New EU-U.S. Data Privacy Framework

On October 7, 2022, President Biden signed an Executive Order (Order) on Enhancing Safeguards for United States Signals Intelligence Activities. This marks the latest step towards the new EU-U.S. Data Privacy Framework...more

Privacy Legislation Update: The “Three Corners” Bill and the Cantwell Draft

On June 3, 2022, members of the U.S. Congress released a bipartisan, bicameral discussion draft of a comprehensive national data privacy and data security framework. The draft is notable in that it reflects a compromise on...more

Privacy and Security of Health Information: A Primer for Digital Health Companies

COVID-19 has rapidly accelerated our expectations that virtual connection can deliver better and more economical care. As a result, digital health companies have an unprecedented opportunity to innovate, but with that...more

FTC Votes Unanimously to Release New COPPA Policy Statement and Proposed Amendments to the Endorsement Guides

On May 19, 2022, at an open commission meeting, the Federal Trade Commission (FTC) voted unanimously to: 1) release a new policy statement on the Children's Online Privacy Protection Act (COPPA) indicating that the FTC will...more

And Then There Were Five: Connecticut Enacts Comprehensive Privacy Law

Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed "An Act Concerning Personal...more

Political Agreement on a New Framework for EU-U.S. Personal Data Transfers

On March 25, 2022, the U.S. and EU announced that they reached a political agreement in principle on a new "Trans-Atlantic Data Privacy Framework" (the Framework). This would be the third framework for EU-U.S. personal data...more

FTC Issues Complaint and Proposed Settlement with Online Retailer for Deceptive and Unfair Security and Privacy Practices

On March 15, 2022, the Federal Trade Commission (FTC) announced it had filed a complaint against Residual Pumpkin Entity, LLC, formerly doing business as CafePress, and PlanetArt LLC, which bought CafePress in 2020...more

FYI on NFTs: Consumer Protection and Privacy Considerations

Thinking of creating a non-fungible token (NFT) marketplace? You're not alone. Global NFT transactions have risen from $40.96 million in 2018 to around $25 billion in 2021. Organizations from the NBA to Taco Bell have begun...more

Privacy and Security Enforcement: State AGs Flex Their Muscles

Imagine you receive an inquiry from a state Attorney General (AG) about your privacy or security practices, and you aren't sure what to do next. Maybe it's because you have been concentrating on compliance efforts related to...more

Fintech and Financial Privacy: Regulatory Developments on the Use of Financial Data

So you're a fintech startup, buying a fintech company, or expanding the technical capabilities of your financial business. Or you're a tech company that is getting into the payments space. Where do you start when it comes to...more

2021 Privacy and Cybersecurity Year in Review

FTC Activities in 2021 and Likely Trends for 2022 2021 saw the kickoff of the Khan era at the Federal Trade Commission (FTC). During FTC Chair Lina Khan's first nine months on the job, she has announced privacy and security...more

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