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: 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 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: 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
Keypoint: Organizations subject to these laws will need to determine whether they are engaging in “sales,” which can be a complex and multifaceted analysis given the statutes’ varying definitions and exemptions....more
Keypoint: The CPRA, CPA and VCDPA require data protection assessments for certain processing activities; however, when and how entities must conduct and prepare assessments varies....more
Keypoint: With the CCPA’s “right to cure” violations expiring at the end of the year, businesses should take note of the AG’s recent enforcement efforts and, to the extent necessary, provide the requisite notice of financial...more
Keypoint: At least fifteen state legislatures are poised to consider CCPA-like consumer privacy legislation in 2022 with lawmakers in Arizona, Connecticut, Florida, Minnesota, Mississippi, and Washington confirming they will...more
Keypoint: The California Privacy Protection Agency initiates preliminary rulemaking activities under the California Privacy Rights Act.
On Wednesday, September 22, 2021, the California Privacy Protection Agency (Agency)...more
Over the past few months, there have been numerous developments in U.S. and international privacy law. In the United States, Colorado and Virginia passed consumer privacy laws, and California voters passed a substantial...more
8/30/2021
/ Brazil ,
C-Suite Executives ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chief Compliance Officers ,
Chief Information Security Officer (CISO) ,
Chief Privacy Officer ,
Chief Technology Officer (CTO) ,
China ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Transfers ,
EU ,
European Commission ,
International Data Transfers ,
Legislative Agendas ,
New Legislation ,
Privacy Acts ,
Privacy Laws ,
Proposed Legislation ,
Rulemaking Process ,
Standard Contractual Clauses ,
State Privacy Laws ,
Webinars
Keypoint: A detailed analysis of the Attorney General’s twenty-seven published examples of noncompliance notices sent during the first year of CCPA enforcement reveals key learnings for CCPA compliance efforts.
In July,...more
The Colorado legislature just passed the Colorado Privacy Act (CPA). Once signed by the Governor, Colorado will become just the third state – after California and Virginia – to enact broad consumer data privacy legislation....more
6/9/2021
/ C-Suite Executives ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Chief Compliance Officers ,
Chief Technology Officer (CTO) ,
Consent ,
Consumer Privacy Rights ,
Continuing Legal Education ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Data Sellers ,
Exceptions ,
Exemptions ,
Gramm-Leach-Blilely Act ,
Information Security ,
Privacy Laws ,
Webinars
Keypoint: Proposed bills would amend Nevada privacy legislation to provide consumers with a broader right to opt out of sales.
In 2019 – shortly after the CCPA was enacted – Nevada amended its online privacy notice...more
Keypoint: It was another busy week with bills introduced in Colorado, New York and West Virginia, a committee hearing in New Jersey on three bills, a public hearing in Washington on the Washington Privacy Act, the Oklahoma...more
Keypoint: The Colorado bill mirrors the Virginia Consumer Data Protection Act and Washington Privacy Act but contains some notable differences.
On March 19, 2021, Colorado lawmakers introduced the Colorado Privacy Act...more
3/22/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Colorado ,
Consumer Privacy Rights ,
Data Privacy ,
Data Processing Rules ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-Outs ,
Personal Data ,
Popular ,
Proposed Legislation ,
State Attorneys General
Keypoint: There were four notable developments this week: the Florida House passed a bill out of committee, lawmakers proposed a new bill in Texas, the Washington Privacy Act was scheduled for a public hearing and committee...more
3/15/2021
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Opt-Outs ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
State and Local Government
Keypoint: CCPA-like privacy bills continue to be introduced and work their way through state legislatures.
Those who attended our recent webinar or who subscribe to this blog know that we have been closely tracking...more
Keypoint: Virginia moves closer to enacting consumer privacy legislation.
On January 29, 2021, the Virginia House of Delegates passed HB2307, the Virginia Consumer Data Protection Act (Act) in an 89 to 9 vote. The Act now...more
On January 28, 2021, privacy professionals around the world will celebrate Data Privacy Day. This year, we decided to mark the occasion by gathering our team’s thoughts and expectations on what we expect to be the biggest...more
1/28/2021
/ Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Selling ,
Dodd-Frank ,
Facial Recognition Technology ,
FSA ,
Health Care Providers ,
Internet of Things ,
Popular ,
State and Local Government