On March 24, Virginia Governor Glenn Youngkin signed SB 754 into law. SB 754, which will take effect on July 1, 2025, amends the Virginia Consumer Protection Act (VCPA) to prohibit certain entities from, in connection with a...more
On January 22, the New York state legislature passed Senate Bill S929, known as the New York Health Information Privacy Act (HIPA or the “Act”). The bill will next move to the New York governor for signature....more
2024 was another year of substantial legislative and regulatory advances at the international, federal, and state levels with regard to data protection law. Artificial intelligence (AI) regulation continued to hurdle forward...more
1/16/2025
/ Artificial Intelligence ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
New Legislation ,
Privacy Laws ,
Proposed Legislation ,
State Attorneys General ,
State Privacy Laws
On June 13, the Rhode Island legislature passed the Rhode Island Data Transparency and Privacy Protection Act (RIDTPPA) (H. 7787/S. 2500), with the bill passing into law on June 29....more
On June 18, the California Attorney General (“AG”) and Los Angeles City Attorney announced a settlement with Tilting Point Media, the maker of a mobile app game called “SpongeBob: Krusty Cook-Off,” resolving allegations that...more
6/28/2024
/ California Consumer Privacy Act (CCPA) ,
COPPA ,
Enforcement Actions ,
Online Safety for Children ,
Opt-In ,
Parental Consent ,
Popular ,
Privacy Policy ,
Settlement ,
State Attorneys General ,
Website Design
In the past several weeks, the Minnesota governor has signed into law the Minnesota Consumer Data Privacy Act, while the Vermont Data Privacy Act has been passed by the legislature and awaits the governor’s signature. Both of...more
The 2024 state legislative season is drawing to a close with several notable developments on the comprehensive privacy law front. Since our last update, the Maryland Online Data Privacy Act and Minnesota Consumer Data Privacy...more
As we move closer to the end of many states’ legislative sessions, a number of comprehensive privacy law proposals continue to work their way through the legislative process. Since our last update, Nebraska became the...more
On April 2, the California Privacy Protection Agency (CPPA or “the Agency”) issued the Agency’s first-ever enforcement advisory. The advisory (“Applying Data Minimization to Consumer Requests”) reaffirms data minimization as...more
The opening weeks of spring have seen comprehensive privacy law proposals continue to progress in state legislatures across the country. Since our last update, the Kentucky Consumer Data Protection Act (HB 15) received a...more
As we progress deeper into the 2024 legislative session, developments in the comprehensive privacy law arena have continued apace. In the weeks since our last update, New Hampshire formally joined the ranks of states with...more
On March 11, the Kentucky Senate passed the Kentucky Consumer Data Protection Act (KCDPA or the “Act”) (House Bill 15) by a unanimous 35-0 vote. Upon House concurrence and the governor’s signature, the Act would become the...more
In the weeks since our last update, we have seen continued progress in several state legislatures on comprehensive privacy legislation. Most notably, legislative chambers in West Virginia, Kentucky, and Georgia have passed...more
On February 21, the California Attorney General (“AG”) announced a settlement with DoorDash, an online food delivery service, to resolve allegations that the company violated the California Consumer Privacy Act (CCPA) and...more
3/1/2024
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
CalOPPA ,
Civil Monetary Penalty ,
Compliance ,
Consumer Privacy Rights ,
Data Selling ,
Data-Sharing ,
DoorDash ,
Enforcement Actions ,
Enforcement Priorities ,
Personal Information ,
Sephora ,
State Attorneys General ,
Statutory Violations ,
Stipulated Judgment ,
Third-Party
On February 15, the Federal Communications Commission (FCC or “the Commission”) adopted a Report and Order and Further Notice of Proposed Rulemaking (“the Order”) pursuant to the Telephone Consumer Protection Act (TCPA) that...more
2/29/2024
/ Auto-Dialed Calls ,
Comment Period ,
Consent ,
Do Not Call List ,
Effective Date ,
FCC ,
New Rules ,
NPRM ,
Opt-Outs ,
Revocation ,
Robocalling ,
SNPRM ,
TCPA ,
Text Messages ,
Wireless Industry ,
Wireless Internet Service Providers
The early weeks of 2024 have seen continued activity on the state comprehensive privacy law front. Since our last update, at least 11 new comprehensive privacy bills have been proposed. In particular, Georgia, Hawaii,...more
2/23/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
COPPA ,
Data Controller ,
Data Privacy ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Personal Information ,
Privacy Laws ,
Proposed Legislation ,
State Legislatures ,
State Privacy Laws
On February 1, the Federal Trade Commission (FTC or “the Commission”) announced that it had reached a settlement with Blackbaud, a software company, resolving claims related to a 2020 data breach that resulted in the...more
2/23/2024
/ Consent Agreements ,
Cybersecurity ,
Data Breach ,
Data Retention ,
Data Security ,
Encryption ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Internal Data Controls ,
Misleading Statements ,
Personal Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Third-Party Service Provider
On February 1, Connecticut Attorney General (AG) William Tong released a report detailing the AG’s initial efforts to enforce the Connecticut Data Privacy Act (CTDPA or “the Act”) and providing recommendations on how the Act...more
2/13/2024
/ Consumer Privacy Rights ,
Data Privacy ,
Enforcement Authority ,
Enforcement Priorities ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Reports ,
Privacy Policy ,
State Attorneys General ,
State Data Breach Notification Statutes ,
State Privacy Laws
Following a busy 2023 in which seven states enacted comprehensive privacy laws, we entered this year expecting additional activity on this front across state legislatures. The opening weeks of 2024 have not disappointed. Most...more
On January 8, 2024, the New Jersey Assembly and Senate passed Senate Bill 332 (S. 332, or the “Act”), and it was signed into law by Governor Phil Murphy on January 16. This makes New Jersey the first state to enact a...more
1/18/2024
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Data Processors ,
Data Protection ,
Effective Date ,
Enforcement ,
Enforcement Authority ,
Exemptions ,
Governor Murphy ,
Minors ,
New Legislation ,
Opt-Outs ,
Prior Express Consent ,
Privacy Laws ,
Sensitive Personal Information ,
State Attorneys General ,
State Privacy Laws
As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more
1/17/2024
/ Adtech ,
Artificial Intelligence ,
Audits ,
Biden Administration ,
Breach Notification Rule ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
COPPA ,
Cybersecurity ,
Electronic Protected Health Information (ePHI) ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Proposed Legislation ,
Regulatory Requirements ,
Rulemaking Process ,
Sensitive Personal Information ,
State Privacy Laws
On December 20, the Federal Trade Commission (FTC or “the Commission”) published a notice of proposed rulemaking (NPRM) proposing amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or the “Rule”)....more
1/15/2024
/ Biometric Information ,
COPPA ,
Data Security ,
Enforcement Actions ,
Exceptions ,
Federal Trade Commission (FTC) ,
Microsoft ,
Notice Requirements ,
NPRM ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Proposed Amendments ,
Public Schools ,
Safe Harbors ,
Websites
On December 8, the California Privacy Protection Agency (CPPA or “the Agency”) held a public Board meeting to discuss a range of topics, including proposed regulations on cybersecurity audits, risk assessments, and automated...more
Earlier this year, Texas and Oregon each passed a data broker registration law, joining California and Vermont to double the number of states that have enacted such legislation. Texas Governor Greg Abbott signed SB 2105 into...more
On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more
12/8/2023
/ Breach Notification Rule ,
Corporate Counsel ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Misrepresentation ,
Payment Systems ,
Popular ,
Prison ,
Proposed Standards ,
Section 5 ,
Telecommunications ,
Unfair or Deceptive Trade Practices