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A Brave New World: Four Considerations When Building a Bulk Data Rule Compliance Program

U.S. companies and organizations have entered a new era of sweeping restrictions on cross-border data transfers. The Department of Justice's (DOJ) Final Rule, "Preventing Access to U.S. Sensitive Personal Data and...more

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...more

California Starts 2025 with More Regulatory Action

The California Privacy Protection Agency (CPPA) is starting the year by implementing new data broker regulations, which took effect in late December, and continuing to move toward the completion of new rules for automated...more

DOJ Issues Final Rule on Bulk Sensitive Personal Data

On January 8, 2025, the Department of Justice (DOJ) published in the Federal Register a Final Rule, "Preventing Access to U.S. Sensitive Personal Data and Government Related Data by Countries of Concern or Covered Persons,"...more

Data Broker Compliance in the Spotlight

The California Privacy Protection Agency (CPPA) made headlines on November 14, 2024, by issuing its first significant monetary penalties related to data brokers, totaling nearly $70,000, in settlements with two data brokers,...more

Amid Pushback, the FTC Issues Anticipated Report on Data Practices of Social Media and Video Streaming Services

On September 19, 2024, the Federal Trade Commission (FTC or Commission) released a long-awaited staff report, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services (the Report),...more

Political Advertising: A Lucrative Election-Year Market with Unique Pitfalls

With the 2024 elections well underway, advertisers of all stripes are seeking new and more efficient ways to reach potential voters, donors, and supporters across platforms. The market for political advertising on U.S....more

California Attorney General's Recent Enforcement of CCPA and COPPA

On June 18, 2024, California Attorney General (AG) Rob Bonta announced a third CCPA enforcement settlement, this one with Tilting Point Media LLC. Tilting Point was allegedly using its mobile app game "SpongeBob: Krusty...more

FTC Announces Final Changes to Health Breach Notification Rule That Broaden the Rule’s Scope and Application

On May 30, 2024, the Federal Trade Commission (FTC or the Commission) published finalized amendments to the Health Breach Notification Rule (HBNR) that augment the prior rule’s scope and application. The updated final rule...more

Federal Court Strikes Blow to HHS Guidance on “Online Tracking Technologies”

Last week, a federal district court in Texas issued a decision declaring unlawful and vacating a central component of a guidance document (the Bulletin) from the Department of Health and Human Services (HHS) Office for Civil...more

Comply by July: Updating Your Privacy Program for New State Consumer Privacy Laws

On July 1, 2024, a new wave of state consumer privacy laws will go into effect in Florida, Oregon, and Texas, ushering in additional obligations for companies. This wave of new laws will be closely followed by a Montana...more

Data Restrictions in the 21st Century Peace through Strength Act

On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

New Jersey's Daniel's Law - Understand the Risks from a Law with Good Intentions

In 2020, New Jersey's Daniel's Law was enacted in response to the tragic death of Daniel Anderl, the son of a New Jersey judge. Daniel's Law established a new right for judges, law enforcement officers, certain other state...more

Washington's My Health My Data Act - Are You Prepared?

Washington's My Health My Data Act (MHMDA) goes into effect on March 31, 2024, for most entities subject to the law. The MHMDA imposes new notice and consent requirements for the processing of "consumer health data," with...more

What Nonprofits Need to Know About State Data Privacy Laws

In 2023, eight more states passed comprehensive data privacy legislation, adding to the six that had passed broadly applicable privacy laws in years prior. In addition, several issue-specific laws regulating health data, data...more

Data Contract Requirements under New State Data Privacy Laws

A number of new state privacy laws now govern and mandate certain contractual requirements for collecting, sharing, and processing of personal information. Personal information is generally defined as data that is linked or...more

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