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And Now There Are Six: Iowa Passes New Privacy Law

Iowa’s new data privacy law, which will come into force in 2025, adds to an increasingly complex patchwork of state laws. On March 28, 2023, Iowa became the sixth US state to pass a comprehensive privacy law. The Iowa...more

CCPA Will Now Fully Regulate Personnel and B2B Information

Businesses will need to take additional steps to ensure compliance as exemptions under the California Consumer Privacy Act expire at the end of 2022. The California legislature adjourned its 2022 session without...more

California Attorney General’s Office Announces First Public CCPA Enforcement Action

Aggressive enforcement may be on the horizon now that businesses have had more than two years to comply with California’s landmark privacy law. On August 25, 2022, the California Attorney General (AG) announced that it had...more

Utah Consumer Privacy Act: Fourth US State Enacts Comprehensive Data Privacy Legislation

Utah enacts data privacy legislation in the mold of California, Colorado, and Virginia, but with less onerous requirements for businesses, in what is expected to be a model for more states going forward. On March 24, 2022,...more

FTC Serves Notice of Enforcement Approach on Endorsements and Testimonials

Following recent setbacks, the FTC seeks a foothold for monetary remedies in the online advertising space. On October 13, 2021, the Federal Trade Commission (FTC) sent a Notice of Penalty Offenses Concerning Endorsements...more

Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation

The Act represents an accelerating trend among US states to attempt to pass comprehensive privacy legislation in the wake of the CCPA. On March 2, 2021, Virginia Governor Ralph Northam signed comprehensive state privacy...more

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities [Video]

With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

GDPR Violations in Germany: Civil Damages Actions on the Rise

New trends in Germany reveal the urgent need for companies to develop effective defense strategies against damages claims raised in German civil courts. In recent months, German courts have been increasingly following a...more

CCPA Housekeeping Reminders

Background - 2020 was a busy year on the global data privacy front, and marks the first full year of the California Consumer Privacy Act (CCPA). Businesses that posted their CCPA Privacy Policy in January 2020 will need...more

Practical Considerations for Assessing Data Transfers after Schrems II

Latham develops new resource to identify considerations for assessing SCC and BCR data transfers in Europe. Following the Schrems II decision in July 2020, organisations relying on the standard contractual clauses (SCCs) or...more

CJEU Invalidates EU-US Privacy Shield

A ruling by the EU’s top court invalidates the key mechanism for transferring personal data from the EU to the US and imposes additional conditions for use of the standard contractual clauses. On 16 July 2020, the Court of...more

What’s New, What It Means: California AG Releases Modified CCPA Regulations

While still in draft form, the modifications both clarify certain obligations and introduce new uncertainty for businesses covered by the CCPA. Key Points: ..On February 7 and 10, 2020, the California AG announced and...more

California Consumer Privacy Act Draft Regulations: What’s New, What’s Next

Covered businesses have much work to do to revise disclosures, implement choice mechanisms, and design compliant data subject request programs. Key Points: ..The Attorney General’s draft regulations, released on October...more

The California Consumer Privacy Act’s Amendments Are Final: What Businesses Need to Know

The Act’s final statutory form has taken shape, leaving the 2018 version of the law largely intact. Key Points: ..The California State Senate and Assembly have completed their legislative session, passing only modest...more

4 Questions to Consider When Dealing With Children’s Data in the US

The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more

FTC Hearings Discuss the State of Data Security in the 21st Century

Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security. On December 11 and 12, the Federal Trade Commission (the FTC or the...more

Deep Dive on Deep Learning: FTC Considers Artificial Intelligence

Seventh Hearing on Competition and Consumer Protection considers ethical, practical, and legal dimensions of artificial intelligence and machine learning. On November 13 and 14, the Federal Trade Commission (FTC) held the...more

FTC Hearing Evaluates Regulatory Oversight of Big Data and Privacy

Sixth hearing on Competition and Consumer Protection in the 21st Century features disagreement over FTC’s enforcement priorities for consumer data. The Federal Trade Commission (FTC) recently held the sixth hearing in its...more

FTC Hearings Consider Pushing Boundaries of Merger Enforcement

Fourth and Fifth FTC Hearings on Competition and Consumer Protection consider more vigorous enforcement over vertical merger and innovation effects. In the past two weeks, the Federal Trade Commission (FTC) held two more...more

FTC Hearing Considers Collusive, Exclusionary, and Predatory Conduct on Digital Platforms

Third FTC hearing on Competition and Consumer Protection in the 21st Century considers calls for additional scrutiny in multi-sided digital platform industries. On October 15, 16, and 17, 2018, the Federal Trade Commission...more

FTC Hearing Reconsiders the Consumer Welfare Standard and Labor Markets

Second FTC hearing on Competition and Consumer Protection in the 21st Century features calls for the Commission to look beyond consumer welfare. On September 21, 2018, the Federal Trade Commission (FTC, or the Commission)...more

FTC Opens Doors and Minds to New Approaches for Competition and Consumer Protection in the 21st Century

Commission kicks off 20 days of hearings to consider whether changes in the economy and new technologies require adjustments to enforcement priorities and policy. Over the course of the next few months, the Federal Trade...more

California Consumer Privacy Act of 2018 May Usher in Sweeping Change

Businesses active in California should promptly assess whether the law applies to their practices and start planning towards compliance with the new law. Key Points: ..A sweeping new privacy law — the California...more

Update: California’s Consumer Right to Privacy Ballot Initiative

California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. Businesses are preparing to oppose a...more

California’s Consumer Right to Privacy Ballot Initiative – What You Need to Know

California ballot initiative, Consumer Right to Privacy Act of 2018, gathers momentum for a November vote, spurring some telecom and internet businesses to organize opposition. Key Points: ..The ballot initiative...more

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