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May 1st is Around the Corner: Bank Computer-Security Incident Notification Requirements

A few months ago, we published a post about the OCC, FDIC, and Federal Reserve Board’s final rule to improve information sharing about cyber incidents that may affect the U.S. banking system. Under the final rule, banks and...more

NYDFS Issues Cybersecurity Guidance in Response to Events in Ukraine

In light of Russia’s recent military actions in Ukraine, the New York Department of Financial Services issued guidance on its cybersecurity and virtual currency regulations. The Department is specifically concerned about...more

The Latest Win for Apple: Dismissal of Class Action about iPhones

A New York federal court recently granted Apple a motion to dismiss a case where an alleged class accused Apple of misleading consumers about the waterproof nature of their iPhones. Apple had several allegedly misleading...more

FTC Fines Lead Generation Company $1.5M Citing Misuse of Consumer Financial Data

A California-based lead generation company recently settled with the FTC for $1.5 million over alleged privacy violations. The FTC argued that the company deceptively acquired consumer personal information and improperly...more

OpenX Ad Exchange Settles With FTC Over Alleged COPPA and Other Violations

OpenX Technologies recently agreed to pay $2 million to settle FTC allegations that the advertising platform violated the FTC Act and the Children’s Online Privacy Protection Act. OpenX runs a programmatic ad exchange,...more

Lead Generator Settles with FTC Over Alleged FCRA and FTC Act Violations

On January 7, the FTC announced that a California-based lead generator agreed to settle with the FTC for $1.5 million to resolve allegations that through a number of its subsidiaries, the company induced consumers into...more

CARU Revises its Guidelines to Address Increase in Online Media

The Children’s Advertising Review Unit (CARU) recently revised its children’s advertising guidelines to address the increased prevalence of online media directed to children. Of note, the guidelines now apply to content...more

A COPPA First: Safe Harbor Program Removed From Approved List

The FTC recently announced the removal of Aristotle International, Inc. from the list of seven approved safe harbor programs under the Children’s Online Privacy Protection Act. Programs that are approved by the FTC must place...more

New Decision Narrows Scope of Georgia Computer Trespass Statute

The Georgia Supreme Court recently concluded that Georgia’s equivalent of the CFAA should be viewed narrowly, similar to the US Supreme Court’s recent, similar decision in Van Buren. In Kinslow v. State, the Georgia Supreme...more

Best Practices for In-Store and Curbside Pickup

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

Portugal Puts Halt on Data Transfers Between INE and Cloudflare

The Portuguese data protection authority issued a recent resolution ordering the Portuguese National Institute of Statistics (or INE) to stop sending personal census information to any countries outside of the EU that do not...more

Mobile Advertising Company Gets Flack from FTC for Failure to Deliver Upon Advertised Promises

Tapjoy, Inc. (“Tapjoy”), a mobile advertising company, settled FTC allegations that it failed to provide promised in-game rewards to consumers. Tapjoy operates an advertising platform that works within mobile games and offers...more

EDPB Sheds Post-Schrems II Light on Supplementary Measures for Data Transfers

The EDPB recently published recommendations on additional security steps to take when transferring personal data out of the EU. As outlined in our previous series of posts, the EU found this summer that the EU-US Privacy...more

Back to School Special: Is My Multi-Age Platform Subject to Child Protection Requirements?

In our online world, one of the challenges (and opportunities) for companies is the increased use of their websites, apps, and connected devices. For platforms directed to both adults and children, or platforms previously...more

Back to School Special: But I’m Just an Ad Network! Am I Subject to Children’s Privacy Laws?

As we wrote previously, kids are spending more of their days online and are using online platforms for virtual learning and entertainment. Much of this environment is funded through online advertising. All companies thus need...more

Back to School Special: COPPA Consent in the COVID Era

In the current pandemic era, kids are spending more time online, be it for school or entertainment. Companies are therefore gearing up for increased interaction with children online or through connected devices. As children...more

Back to School Special: Recordings, Photos, Kids, and Parental Consent

In this remote era, companies are increasingly being approached by their business teams with ideas about products and services that involve video or audio recordings of their consumers. It may also involve letting people...more

Using Health Data in Europe During COVID-19

The EDPB recently issued guidelines about how to use health data during the current pandemic in compliance with GDPR. Given the COVID-19 pandemic, there have been many research efforts in place to fight against the virus. ...more

Ding Dong the CCPA Private Right of Action is (Mostly) Dead!

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

2019 is the Year of . . . CCPA?

Everyone who has been paying attention to privacy news knows that January 1, 2020 is the implementation date of the California Consumer Protection Act, and July 1, 2020 is the current deadline for enforcement to begin. July...more

FTC Workshop Provides Insight on Best Practices to Mitigate Informational Injuries

On December 12, 2017, the FTC hosted a workshop to discuss informational injuries that consumers may suffer when their personal information is misused. Discussion topics included the types of informational injuries consumers...more

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