On April 22, 2025, the Federal Trade Commission ("FTC") published in the Federal Register its first major update to the Children's Online Privacy Protection Act Rule (the "COPPA Rule" or "Rule") since 2013. The COPPA Rule,...more
On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more
6/5/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Controller ,
Data Protection ,
Data Security ,
Data Selling ,
Enforcement ,
Fair Credit Reporting Act (FCRA) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Opt-Outs ,
Personal Data ,
PHI ,
State Privacy Laws ,
Targeted Digital Advertising
On May 17, 2024, Virginia Governor Glenn Youngkin signed SB 361/HB 707 amending the Virginia Consumer Data Protection Act ("VCDPA") to provide heightened protections to consumers under 18 years of age, not just those under...more
6/3/2024
/ COPPA ,
Data Collection ,
Data Protection ,
Data Selling ,
Geolocation ,
Minor Children ,
Parental Consent ,
Personal Data ,
Privacy Laws ,
State Privacy Laws ,
Targeted Digital Advertising
On May 10, 2024, Maryland Governor Wes Moore signed the Maryland Online Data Privacy Act of 2024 ("MODPA" or the "Act"), bringing the number of comprehensive state privacy laws to 18and establishing a new, more restrictive...more
5/16/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Data Protection ,
Enforcement ,
Minor Children ,
Opt-Outs ,
Personal Data ,
PHI ,
Sensitive Personal Information ,
State Privacy Laws ,
Sunset Provisions
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 322 ("the Act"), making New Jersey the fourteenth state to enact a comprehensive consumer data privacy law, joining California, Virginia,...more
1/23/2024
/ Advertising ,
Consumer Privacy Rights ,
COPPA ,
Data Protection ,
Enforcement Actions ,
FERPA ,
Governor Murphy ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Jersey ,
New Legislation ,
Online Safety for Children ,
Opt-Outs ,
Personal Information ,
PHI ,
Privacy Laws ,
State Privacy Laws
Legislation requires data brokers to register with the California Privacy Protection Agency and comply with a one-stop consumer deletion mechanism by 2026 -
The wave of data privacy legislation in California continues as...more
10/4/2023
/ Audits ,
California ,
California Privacy Protection Agency (CPPA) ,
Data Brokers ,
Data Deletion ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Regulatory Oversight ,
Reporting Requirements ,
State Legislatures
Oregon becomes the 12th state with a comprehensive consumer data privacy law -
The Oregon Consumer Privacy Act (OCPA) became law on July 18, 2023. Oregon is the twelfth state to enact a comprehensive consumer data privacy...more
7/20/2023
/ Consumers ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Oregon ,
Personal Data ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more
7/7/2023
/ Biometric Information ,
Compliance ,
Consent ,
Data Privacy ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Discrimination Rules ,
Notice Requirements ,
Opt-Outs ,
Popular ,
Private Right of Action ,
Reporting Requirements ,
SBA ,
Sensitive Personal Information ,
Small Business ,
State Privacy Laws ,
Texas
The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...more
6/9/2023
/ Biometric Information ,
Consent ,
Consumer Privacy Rights ,
COPPA ,
Data Collection ,
Data Protection ,
Data Retention ,
Data Selling ,
Disclosure Requirements ,
Enforcement ,
Facial Recognition Technology ,
Florida ,
New Legislation ,
Notice Requirements ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Rulemaking Process ,
Sensitive Personal Information ,
Social Media
Montana is the ninth state to enact a comprehensive consumer data privacy law -
Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) on May 19, 2023, after unanimous passage through the...more
INCDPA takes business-friendly approach to data privacy, following Virginia, Utah, and Iowa -
Indiana has become the seventh state to enact a "comprehensive" data privacy law, joining California, Virginia, Colorado,...more
On April 27, 2023, Washington Governor Jay Inslee signed into law the My Health My Data Act (the "Act"), which will regulate the collection, use, and disclosure of "consumer health data" ("Consumer Health Data" or "CHD"). The...more
5/2/2023
/ Business Associates ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OCR ,
Patient Privacy Rights ,
PHI ,
Private Right of Action
March 2023 was a consequential month for data privacy law. The California Office of Administrative Law (OAL) formally approved regulations issued by the California Privacy Protection Agency (CPPA) implementing the California...more
With the unanimous passage of Senate File 262 by the Iowa House and Senate and the Governor's signature Tuesday, the Hawkeye State joins California, Colorado, Connecticut, Virginia, and Utah as one of six states with a...more
3/31/2023
/ Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
New Legislation ,
Personal Information ,
Privacy Laws ,
Regulatory Reform ,
State Data Breach Notification Statutes ,
State Data Privacy Laws
The California Privacy Protection Agency ("CPPA" or "Agency") is seeking preliminary comments on proposed rulemaking for risk assessments and cybersecurity audits for higher-risk data processing activities, and consumer...more
The Colorado Attorney General's Office has published its much-anticipated proposed rules (Proposed Rules) implementing the Colorado Privacy Act (CPA), which, as we discussed in an earlier blog post, was enacted on July 7,...more
The Office of the California Attorney General (OAG) announced on August 24, 2022, a settlement with Sephora, Inc., as part of a recent enforcement sweep of online retailers. OAG alleged Sephora violated the California...more
The California Privacy Protection Agency Board (the "CPPA Board") announced on May 27, 2022, that it would hold a public meeting on June 8 to discuss, among other things, a set of detailed proposed regulations to "Implement,...more
6/6/2022
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personal Information ,
Proposed Regulation ,
State Privacy Laws
Late last month, after two years of negotiation, the Connecticut legislature passed an omnibus data privacy bill, which the governor signed this week, making Connecticut the fifth state to enact comprehensive privacy...more
Update March 31, 2022: Utah Governor Spencer Cox signed the bill into law March 24, 2022.
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy...more
The California Office of Attorney General (OAG) on March 10, 2022, issued its first opinion interpreting the California Consumer Privacy Act (CCPA), addressing when businesses must disclose internally generated "inferences"...more
With passage of the Utah Consumer Privacy Act (UCPA), Utah will become the fourth state to adopt omnibus consumer privacy legislation—following California, Virginia, and Colorado— when Utah Governor Spencer Cox signs the...more
France's data protection authority (DPA), Commission Nationale de l'Informatique et des Libertés (CNIL), announced its ruling on February 10, 2022, that the use of Google Analytics by companies in the EU violates Article 44...more
On September 30, 2021, Senators Ed Markey (D-MA) and Richard Blumenthal (D-CT) and Representative Kathy Castor (D-FL) introduced S.2918, the Kids Internet Design and Safety (KIDS) Act, which would expand online protections...more
On July 7, Colorado became the third state to enact comprehensive data privacy legislation, following California and Virginia. The Colorado Privacy Act (CPA), modeled largely after its predecessor in Virginia (the Consumer...more