Get ready for U.S. limits on cross border transfers. Departing from decades of established policy encouraging uninhibited global data flows, the U.S. Protecting Americans’ Data from Foreign Adversaries (PADFA) Act of 2024...more
On May 14, 2024, the Federal Trade Commission (“FTC”) sent automakers a clear message: connected cars, and the data collection, use, and sharing activities surrounding the technology, are on its radar. In doing so, the FTC...more
In March, the California Privacy Protection Agency (CPPA) board narrowly voted in favor of updated draft regulations on automated decisionmaking technology (ADMT) and risk assessments, along with proposed updates to existing...more
The Biden Administration has issued an executive order to curtail access by China, Russia, and other countries of concern to Americans’ sensitive personal data. The Department of Justice and other agencies are tasked to take...more
The Federal Trade Commission (“FTC”) has banned Rite Aid from using facial recognition technologies for surveillance for five years, demonstrating the FTC’s expectations regarding deployments of biometric and artificial...more
Amidst the hustle and bustle of holiday shopping, retailers are continuing to herald digital mediums to spread holiday cheer to shoppers worldwide.
The Hogan Lovells Retail and Fashion team is delighted to bring you our...more
As part of our Consumer Horizons series, we conducted a webinar on the legal implications of artificial intelligence in the consumer business. Our speakers James Denvil, PJ Kaur, Florian Unseld and Leo von Gerlach looked into...more
The US National Institute of Standards and Technology (NIST) has officially released the initial version of its Artificial Intelligence Risk Management Framework (AI RMF). The AI RMF is one of the first international...more
New York City’s Local Law 144 prohibits employers and employment agencies from using “automated employment decision tools” (AEDTs) to assess hiring and promotion decision unless such tools have undergone an independent bias...more
The U.S. Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) seeking to update and strengthen its rules requiring telecommunications carriers and interconnected Voice over...more
The White House has issued its Executive Order on Enhancing Safeguards for United States Signal Intelligence Activities (“EO”), which provides additional due process protections to the use of surveillance mechanisms by U.S....more
10/10/2022
/ Court of Justice of the European Union (CJEU) ,
Data Privacy ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
Foreign Intellgence ,
International Data Transfers ,
National Intelligence Agencies ,
Personal Data ,
Standard Contractual Clauses ,
Surveillance
To date, employee data has been largely exempt from the requirements of the California Consumer Privacy Act of 2018 (CCPA). However, effective January 1, 2023, the Consumer Privacy Rights Act (CPRA), will remove the...more
On August 24, 2022, the California Attorney General’s Office (“AG”) issued a press release regarding a settlement with Sephora, Inc. over allegations that the company violated the California Consumer Privacy Act (“CCPA”) and...more
8/29/2022
/ Adtech ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Data Privacy ,
Enforcement Actions ,
Fines ,
Personal Information ,
Retail Tracking ,
Sephora ,
State Privacy Laws ,
Statutory Violations
In today’s digital world, we often desire to have people consent to documents by merely pasting an image of a signature into a document, clicking a virtual button on a web site or mobile phone, or relying upon the...more
Momentum is growing for a federal privacy law in the United States. A bipartisan group of House and Senate leaders have released a discussion draft of a baseline consumer data protection legislation. The American Data...more
The California Privacy Rights Act (CPRA) introduces a new concept, “sharing,” that provides California residents with the right to opt-out of certain disclosures of personal information for behavioral advertising. In this...more
The Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) have each issued substantively similar technical assistance documents explaining how employers’ use of algorithmic decision-making...more
At first glance, a first-in-the-country law recently enacted by New York City may seem fairly straightforward. But its brevity belies its potential impact on employers that recruit or promote within New York City. The law...more
2/3/2022
/ Artificial Intelligence ,
Automation Systems ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Employment Agencies ,
Hiring & Firing ,
Human Resources Professionals ,
Recruitment Policies ,
State Labor Laws
The Federal Trade Commission (FTC) has notified businesses that it is “resurrecting” its Penalty Offense Authority, an enforcement tool that had not been used by the agency since the 1980s. The Penalty Offense Authority,...more
Although the U.S. has no federal law that specifically regulates artificial intelligence (AI), the Federal Trade Commission (FTC) has indicated that it may be preparing to exercise its consumer protection authority with...more
6/10/2021
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Bias ,
Big Data ,
Discrimination ,
ECOA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Personal Data ,
Popular ,
Regulatory Oversight ,
Section 5 ,
Unfair or Deceptive Trade Practices
Organizations around the world face substantial and increasing cybersecurity-related threats to operations, reputation, and the bottom line. Cyber risk profiles are changing, particularly in light of the increase in agile...more
6/4/2021
/ Cyber Threats ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Electronic Monitoring ,
Employee Monitoring ,
Information Management ,
Metadata ,
Risk Assessment ,
Risk Mitigation ,
Threat Management
Digital technologies are paving the way for more convenient and efficient transactions. Paper documents and wet-ink signatures are being replaced by their electronic equivalents, and “in-person” appearances can now be...more
Virginia is on track to be the second U.S. state to enact comprehensive consumer privacy legislation. Both the Virginia House of Delegates and the Virginia Senate have passed nearly identical versions of the Consumer Data...more
2/10/2021
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Information Governance ,
Legislative Agendas ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Agenda ,
Risk Management ,
State and Local Government
As the saying goes, it's the most wonderful time of the year – but it is also the busiest time for retailers. As merchants seek to cash in on the holiday shopping rush, we are noticing trends that have potentially significant...more
12/9/2019
/ Algorithms ,
Amazon Echo ,
Analytics ,
Apple ,
Celebrity Endorsements ,
China ,
Competition ,
Connected Items ,
Contests & Promotions ,
EU ,
Google ,
Green Marketing ,
Holidays ,
Imports ,
Influencers ,
Intellectual Property Protection ,
Marketing ,
Misleading Statements ,
Ownership of Works ,
Retail Market ,
Retailers ,
Section 301 ,
Smart Devices ,
Tariffs ,
Unfair or Deceptive Trade Practices
On October 22, the Interactive Advertising Bureau (IAB), a media and marketing industry trade group, released for public comment the California Consumer Privacy Act Compliance Framework for Publishers and Technology Companies...more
11/1/2019
/ California Consumer Privacy Act (CCPA) ,
Comment Period ,
Consumer Privacy Rights ,
Cooperative Compliance Regime ,
Cybersecurity ,
Data Collection ,
Data Management ,
Data Privacy ,
Data Protection ,
Data Sellers ,
Framework Agreement ,
Interactive Advertising Bureau ,
Internet ,
Online Advertisements ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Publishers ,
Targeted Digital Advertising ,
Technology Sector ,
Websites