Two plaintiffs learned the hard way that not all environmental marketing claims are treated the same. A federal judge in Missouri recently dismissed a proposed class action by the shoppers against H&M over the company’s...more
The New York Fashion Sustainability and Social Accountability Act (A8352/S7428), if passed, will be the first US law to explicitly place sustainability requirements aimed at large fashion companies...more
In October 2021, Governor Gavin Newsom signed into law a sweeping package of six bills aimed at reducing plastic waste, improving recycling efforts, and clarifying labeling standards for recyclables and compostables. These...more
In today’s COVID-era, more retailers are offering innovative solutions for customers to shop with minimal brick-and-mortar browsing time. Options to place an order online and pick up your items in the store are extremely...more
5/14/2021
/ Brick-and-Mortar Stores ,
Coronavirus/COVID-19 ,
E-Commerce ,
Escheat ,
Online Marketplace ,
Policy Terms ,
Retailers ,
Safety Standards ,
Sales Tax ,
Sellers ,
Terms of Use
By ballot initiative, California residents recently approved Proposition 24, or the California Privacy Rights Act (CPRA), with approximately 56 percent voting in favor. CPRA significantly amends the CCPA by expanding...more
As the California legislature session concluded at the end of August, a significant amendment to the CCPA finally passed both houses. California bill AB-1281 passed the Senate in the last days of the month, extending the...more
The California AG has now released the final CCPA regulations, as approved by the Office of Administrative Law (OAL). The final draft (issued August 14, 2020) incorporates some relatively minor changes that the OAG submitted...more
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The EDPB has provided input about consent in its recent FAQs responding to the Schrems II invalidation of Privacy Shield. As we wrote about previously in this series, Schrems II impacted how companies transfer data from the...more
8/3/2020
/ Court of Justice of the European Union (CJEU) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Economic Area (EEA) ,
International Data Transfers ,
Personal Data ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses ,
US-EU Safe Harbor Framework
Companies who transfer data from the EU to the U.S. are struggling to determine the appropriate basis under which they can make these transfers. Continuing our examination of the outcome of this decision, we think now about...more
U.S. companies are in a bind in the wake of the recent EU decision rejecting the validity of the Privacy Shield. While it is clear that the EU will not accept Privacy Shield participation as a basis for transferring data from...more
On July 16, 2020, in the case colloquially known as “Schrems II,” the Court of Justice of the European Union (CJEU) struck down the EU-US Privacy Shield, finding it an invalid mechanism for transferring data from the EU to...more
On June 1, 2020, the California AG submitted the final text of the proposed CCPA regulations to the Office of Administrative Law (OAL). There were no changes to the final text from the last version released in March, which we...more
Enter for a chance to win! Advertising lawyers are forever reminding their clients to be clear that when a promotion is a sweepstakes, messaging needs to be clear that it is a random drawing and not a giveaway. Recently,...more
On March 11, 2020, the second set of modifications (or the third version) of the CCPA draft regulations were released. While the number of substantive changes dwindled in this version, there are a number of drafting...more
As many who have been tracking CCPA are aware, the law requires training employees who handle consumer inquiries, and ensuring that employees understand how to help consumers exercise their rights. Since most of those rights...more
During their COVID-19 preparations, companies are dusting off -and deploying- their business continuity plans. Also worth revisiting are incident response plans. Teams working remotely, if faced with a data breach, will still...more
As companies brace for the impact of COVID-19, the last thing on everyone’s mind may be proactive privacy compliance obligations. Certainly, companies may be thinking about privacy obligations that relate specifically to...more
On February 10, the California Attorney General’s office released a highly anticipated updated draft of the proposed CCPA regulations. This draft corrected a version first issued on February 7, 2020. These latest updates...more
The EU Commission concluded its third annual review of the EU-U.S. Privacy Shield and found that it continues to provide an adequate level of protection for EU personal data. The program was created as a mechanism to...more
The California attorney general has released draft regulations for CCPA, giving companies further guidance on a variety of topics. The regulations are in draft, and comments are due to the attorney general’s office by...more
One of the CCPA amendments that has gone to the governor’s desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA. Businesses which operate exclusively...more
10/4/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Subjects Rights ,
Email ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Toll-Free Numbers ,
Websites
One of the amendments we’ve been watching over the past months is one that impacts rights of employees -both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting...more
California legislators have passed many bills to amend the California Consumer Protection Act since the law was passed. Last week there was significant developments in the status of those bills, as we reported. In addition to...more
5/29/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data-Sharing ,
Pending Legislation ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
Whether your favorite movie is The Wizard of Oz or The Princess Bride, we can all agree there is some good news about the California Consumer Privacy Act (CCPA) this Friday afternoon! SB 561 appears to have (mostly) died in...more