It goes without saying that 2026 will see a whirlwind of legal developments in the areas of cybersecurity, data privacy regulation, and artificial intelligence. But which way will those winds blow?...more
2/13/2026
/ Advertising ,
Artificial Intelligence ,
CIPA ,
COPPA ,
Copyright ,
Cyber Attacks ,
Cybersecurity ,
Data Centers ,
Data Privacy ,
Deep Fake ,
Digital Media ,
Enforcement Priorities ,
FCC ,
Federal Trade Commission (FTC) ,
Information Governance ,
Marketing ,
Name and Likeness ,
Online Safety for Children ,
Personal Data ,
Regulatory Agenda ,
Regulatory Requirements ,
State Attorneys General ,
State Privacy Laws
This article provides Womble’s recommendations for companies processing children’s data based on a recent discussion with Associate Director Wiseman regarding his personal impressions of the general state of the FTC’s...more
1/28/2026
/ COPPA ,
Data Privacy ,
Data Processors ,
Data Retention ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
New Legislation ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Requirements ,
Right to Privacy ,
Sensitive Personal Information ,
Student Privacy
After a year-and-a-half of uncertainty, the Federal Trade Commission’s efforts to ban employers from enforcing most non-compete clauses against employees have come to an end. ...more
What happened and why? On July 8, 2025, a unanimous three-judge panel of the Eighth Circuit Court of Appeals vacated the updated version of the FTC’s Negative Option Rule (also known as the “click to cancel” rule) to have...more
Companies with recurring payment programs with negative option terms now have until July 14, 2025, to bring their disclosure, consent, and cancellation practices into full compliance....more
The Federal Trade Commission (FTC) announced its long-awaited final Negative Option Rule (the “Rule”) on October 16, 2024. “Negative Options” according to the FTC are arrangements “under which the consumer’s silence or...more
Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more
9/26/2024
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Consent ,
Cookie Banners ,
Cookies ,
General Data Protection Regulation (GDPR) ,
Opt-In ,
Opt-Outs ,
PHI ,
Privacy Laws ,
State Privacy Laws ,
Web Tracking ,
Websites
Tennessee has passed a law, considered one of a kind, geared at deterring unauthorized use of an individual’s voice via artificial intelligence (AI). Tennessee’s new AI law is inspired by the state’s close connection with...more
Anyone who has ever browsed Instagram® or TikTok® (or any parent with phone-addicted kids) realizes that music is an integral part of short-form video social media. Content creators record a few minutes or even a few seconds...more
11/9/2023
/ Advertising ,
Affirmative Defenses ,
Brand ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Influencers ,
Instagram ,
Music ,
Music Industry ,
Musical Sound Recordings ,
Online Advertisements ,
Social Media ,
Social Networks ,
Sony ,
Terms of Use ,
TikTok
The Delaware Personal Data Privacy Act (DPDPA) takes effect January 1, 2025. Delaware generally followed the Connecticut model, but has some unique terms. We provide a non-exhaustive list of some of Delaware’s requirements...more
On July 10, 2023, the EU Commission approved the EU-U.S. Data Privacy Framework (“EU-US DPF”) as a valid transfer mechanism for sharing personal data from European Economic Area countries (those in the EU plus Iceland,...more
7/13/2023
/ Adequacy Requirement ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
Framework Agreement ,
Iceland ,
International Data Transfers ,
Liechtenstein ,
Norway ,
Popular ,
Self-Certification ,
Switzerland ,
UK
Connecticut’s privacy law takes effect on July 1, with some key changes after the governor signed Senate Bill 3 on June 26. Some portions of the amendments concerning newly defined “consumer health law” will have immediate...more
US state legislatures continue to consider and pass consumer privacy laws. Many of them have similarities, but they also have significant differences. The divergence in the laws can create issues in your data strategy and...more
The Colorado Privacy Act (CPA) and the Connecticut Data Privacy Act (CTDPA) take effect on July 1, 2023. The CPA regulations take effect at the same time. And if you are subject to California’s laws, this is the enforcement...more
The U.S. Copyright Office has weighed in with formal guidance on the copyrightability of works whose generation included the use of artificial intelligence (AI) tools. The good news for technology-oriented human creative...more
New omnibus privacy laws are coming to Virginia, Colorado, Utah, and Connecticut in 2023. Updates to California’s existing privacy law arrive in 2023 too. Don’t wait to implement your compliance updates as it could require...more
This article amends our prior article on new US state omnibus privacy laws coming in 2023: January 1: the California Consumer Privacy Rights Act (which amends the existing CCPA) (CPRA) and the Virginia Consumer Data...more
New omnibus privacy laws are coming to Virginia, Colorado, and Utah in 2023. Updates to California’s existing privacy law are coming in 2023 too....more
Utah has just become the fourth state to pass an omnibus consumer privacy law. The Utah Consumer Privacy Act (“UCPA”) was signed into law on March 24, 2022.
UCPA is modeled after Virginia’s Consumer Data Protection Act...more
As noted in our intro alert for this series, new omnibus privacy laws are coming to Virginia and Colorado and California’s existing comprehensive privacy law has been further modified by the CPRA. Don’t wait to implement your...more
This article starts the 11-month countdown to develop business compliance strategies for three new omnibus privacy laws coming in 2023: January 1: the California Consumer Privacy Rights Act (which amends the existing CCPA)...more
In brief: The FTC has sent hundreds of advertisers (including high profile retailers, manufacturers, agencies, and other large businesses) across assorted industries a Notice of Penalty Offenses. The Notice warns recipients...more
10/22/2021
/ Advertising ,
Endorsements ,
Enforcement ,
Enforcement Priorities ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Marketing ,
Notice of Violation ,
Social Networks ,
Unfair or Deceptive Trade Practices
Colorado’s governor, Jared Polis, signed the Colorado Privacy Act (“CPA”) into law on July 7th, 2021.
Colorado joins California and Virginia as the third state with a comprehensive privacy law in the United States. ...more
Top 3 Takeaways -
On Friday, June 4, 2021, the European Commission adopted two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to “third...more
Today, July 16, 2020, the EU’s top court, the Court of Justice of the European Union (CJEU), issued its highly anticipated decision in the Schrems II case. In doing so, CJEU has invalidated the EU-US Privacy Shield Framework...more