Keypoint: The appellate court ruled that the California Age-Appropriate Design Code Act’s impact assessment provision is unconstitutional and remanded the case back to the trial court to consider the constitutionality of the...more
8/21/2024
/ Appellate Courts ,
California ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Data Collection ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
First Amendment ,
Goods or Services ,
Impact Assessments ,
Minors ,
Online Marketplace ,
Popular ,
Unconstitutional Condition
Keypoint: Companies onboarding AI products and services need to understand the potential risks associated with these products and implement contractual provisions to manage them. With the rapid emergence of artificial...more
8/20/2024
/ Artificial Intelligence ,
Consumer Service Agreements ,
Contract Terms ,
Contractual Safeguards ,
Data Protection ,
Data-Sharing ,
Due Diligence ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Intellectual Property Protection ,
Liability ,
Risk Assessment ,
Vendors
Keypoint: Assuming the bills become law and go into effect, operators of websites and online services that collect the personal data of minors and are subject to the bills will need to undertake several compliance activities....more
Prior to the legislature closing on May 8, Colorado lawmakers passed SB 41, which amends the Colorado Privacy Act (CPA) to add protections for children’s data privacy. If signed into law by Colorado Governor Jared Polis, it...more
Keypoint: If signed into law, Colorado will become the first state to enact legislation regulating the use of high-risk artificial intelligence systems. On May 8, the Colorado legislature passed the Colorado Artificial...more
5/9/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Colorado ,
Corporate Counsel ,
Duty of Care ,
Duty to Disclose ,
Enforcement ,
Equal Opportunities ,
Legislative Agendas ,
Notification Requirements ,
Proposed Legislation ,
Risk Management ,
State and Local Government
Keypoint: The Utah legislature repealed and replaced the Utah Social Media Act in response to a lawsuit challenging the law on constitutional grounds. Prior to closing in early March, the Utah legislature passed two bills...more
3/12/2024
/ Algorithms ,
Confidential Information ,
Due Process ,
Fourteenth Amendment ,
Mental Health ,
Minors ,
New Legislation ,
Preliminary Injunctions ,
Private Right of Action ,
Social Media ,
Trade Associations
As the 2024 state legislative season begins, it’s clear that lawmakers are again focused on children’s privacy. For the past few years, lawmakers have introduced different children’s privacy models, on both the federal and...more
Osano's 2024 Data Privacy Laws webinar covers everything you need to know about the twelve states coming into effect in the new year. Rachael Ormiston, Head of Privacy at Osano, joined by Shelby Dolen, Attorney at Husch...more
Over the past few years, states have enacted numerous privacy laws, including broad consumer data privacy laws, children’s privacy laws, consumer health data privacy laws, and data broker laws. The enactment of so many...more
With Utah coming into effect at the end of December, the latest CPRA enforcement date scheduled for Q1, and three additional state privacy laws coming into effect in 2024, it's time to take a look at your current privacy...more
Keypoint: The Utah Division of Consumer Protection published proposed rules regulating social media companies under Utah’s Social Media Regulation Act.
On October 15, 2023, the Utah Division of Consumer Protection (the...more
Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment.
On September 18, 2023, the...more
Keypoint: Enforcement by the California Privacy Protection Agency of the new CCPA regulations will be delayed until March 2024, but the Agency can still enforce the CCPA statutory changes as of July 1, 2023....more
Keypoint: With the Board’s approval secured, the Agency will now send the final rulemaking package to the Office of Administrative Law for review.
On Friday, February 3, 2023, the Board of the California Privacy Protection...more
The landscape of U.S. state privacy law is changing once again. In 2022, the California legislature passed The California Age-Appropriate Design Code Act (AB 2273), a first-in-the-nation law based on the United Kingdom’s...more
The Colorado Attorney General’s Office published draft Colorado Privacy Act (CPA) rules on September 30, 2022. The draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification,...more
10/6/2022
/ C-Suite Executives ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chief Compliance Officers ,
Chief Technology Officer (CTO) ,
Colorado ,
Continuing Legal Education ,
Corporate Counsel ,
Cybersecurity ,
Data Controller ,
Data Privacy ,
Information Security ,
Privacy Acts ,
Proposed Rules ,
State Privacy Laws ,
Webinars
Keypoint: Businesses subject to the CCPA will need to revise their compliance programs before the exemptions expire on January 1, 2023.
As previously reported, the California legislature had been considering multiple bills...more
9/1/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Corporate Counsel ,
Data Privacy ,
Data Transfers ,
Disclosure Requirements ,
Employee Monitoring ,
Information Requests ,
Personal Information ,
Personnel Records ,
Popular
Keypoint: The thirteen new enforcement case examples – released just a few months before the CCPA’s right to cure sunsets – provide further insight into the Attorney General’s enforcement priorities....more
Keypoint: The Attorney General’s announcement of a $1.2 million penalty sends a “strong message” to companies to come into compliance.
On August 24, 2022, California Attorney General Bonta announced the first public...more
Keypoint: As currently drafted, the ADPPA’s private right of action provides U.S. citizens with the opportunity to enforce their privacy rights but limits lawsuits to federal court and provides covered entities and service...more
8/2/2022
/ Arbitration Agreements ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Demand Letter ,
Federal Trade Commission (FTC) ,
Online Privacy Protection Act ,
Privacy Laws ,
Private Right of Action ,
Right To Cure
Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado...more
6/22/2022
/ Authentication ,
Biometric Information ,
Colorado ,
Consent ,
Consumer Privacy Rights ,
Consumer Requests ,
Data Breach ,
Data Privacy ,
Personal Information ,
Privacy Notice Rule ,
State Privacy Laws
The California Privacy Protection Agency published draft California Privacy Rights Act (CPRA) Regulations on May 27, 2022. Join Husch Blackwell for a first look at the draft regulations and how they will impact your CPRA...more
6/2/2022
/ C-Suite Executives ,
California Privacy Rights Act (CPRA) ,
Chief Compliance Officers ,
Chief Technology Officer (CTO) ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Data Privacy ,
Information Security ,
Proposed Regulation ,
State Privacy Laws ,
Webinars
Keypoint: Last week, the FTC signaled an increased focus on COPPA enforcement, targeting education technology companies while California and federal lawmakers consider enacting new laws to regulate the processing of...more
Keypoint: Organizations that collect personal data from children under 16 will need to ensure compliance with additional requirements once the laws go into effect.
This is the ninth post in our ten-part weekly series...more
Keypoint: In its first CCPA interpretive opinion, the Attorney General’s office confirmed that businesses responding to requests to know must disclose internally generated inferences they hold about a consumer from either...more