News & Analysis as of

Corporate Counsel Data Privacy

Carlton Fields

California Privacy Protection Agency Issues Dark Pattern Enforcement Advisory

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On September 4, the California Privacy Protection Agency issued an enforcement advisory regarding “choice architectures that have the substantial effect of subverting or impairing a consumer’s autonomy, decision-making, or...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

Baker Botts L.L.P.

California Privacy Protection Agency Issues Enforcement Advisory on Dark Patterns

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On September 4, 2024, the California Privacy Protection Agency (CPPA) issued Enforcement Advisory 2024-02 which addresses the use of “dark patterns” in user interfaces under the California Consumer Privacy Act (CCPA). This...more

Husch Blackwell LLP

California Privacy and AI Legislation Update: September 2, 2024

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On Saturday, August 31, the California legislature closed its 2024 session. During the past calendar year, we tracked numerous privacy and AI-related bills with fourteen of them passing out of their chamber of origin prior to...more

Osano

The Privacy Insider Podcast Episode 4: Don't Be Evil: In the Hot Seat of Data Privacy, Part 1

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In this episode of The Privacy Insider Podcast, Keith Enright, the outgoing Chief Privacy Officer at Google, joins host Arlo Gilbert to share what it’s like to be at the privacy helm of one of the world’s most influential–and...more

Alston & Bird

EU Data Protection Regulators Publish Additional Guidance On The EU-U.S. Data Privacy Framework

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Last month, the European Data Protection Board – which is composed of the national data protection authorities (‘Supervisory Authorities’) of the countries in the European Economic Area (‘EEA’), as well as the European Data...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Baker Botts L.L.P.

Patreon Settles VPPA Lawsuit for $7.2 Million: A Cautionary Tale for Digital Platforms

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Patreon, a popular platform connecting creators with their fans, has recently agreed to a $7.2 million settlement to end a legal battle concerning the Video Privacy Protection Act (VPPA)....more

Wilson Sonsini Goodrich & Rosati

Substantial New CCPA Regulations Inch Closer to Reality: A High-Level Overview of the New Requirements and Their Projected $4...

On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing a substantial draft California Consumer Privacy Act (CCPA) rulemaking package to formal proceedings. The proposed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Continues Patchwork of Comprehensive Data Privacy Requirements: New Laws Set to Take Effect Over Next 2 Years

Twelve new state comprehensive data privacy laws are set to go into effect over the next two years as the United States continues to catch up to foreign jurisdictions like the European Economic Area (EEA), making a total of...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

More Proposed Regulations from California: What Do These Mean for Your Business?

What Issues Did the California Privacy Protection Agency Raise? On July 16, 2024, the California Privacy Protection Agency (Agency) discussed proposed updates to the California Consumer Privacy Act (CCPA) regulations....more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Hogan Lovells

Brazil’s Data Protection Authority releases guidance on data protection officer responsibilities and duties

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On July 16, 2024, the National Data Protection Authority (ANPD) published Resolution No. 18/2024 (Resolution 18) outlining rules on the appointment, definition, duties and activities of a Data Protection Officer (DPO) in...more

Coblentz Patch Duffy & Bass

2024 Mid-Year Privacy Report - A Comprehensive Look at New Developments in Data Privacy Laws

Introduction - 2024 has been another big year for privacy. Several new state privacy laws are going into effect, with several more coming in 2025, while a federal privacy law continues to be discussed that would further...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Blake, Cassels & Graydon LLP

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Wilson Sonsini Goodrich & Rosati

Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024

In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with...more

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Fisher Phillips

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

Skadden, Arps, Slate, Meagher & Flom LLP

Contractors Settle Cyber Fraud Claims Alleging Ignored Security Measures

Two recent settlements under the False Claims Act (FCA): - Signal enhanced risk around cybersecurity for recipients of federal funds. - Underscore the need to assess compliance with cybersecurity requirements and...more

Troutman Pepper

Rhode Island Adds to the Growing Patchwork of State Privacy Laws – H7787 / S2500

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Rhode Island has become the 19th U.S. state to enact a comprehensive privacy law. On June 25, Rhode Island Governor Daniel McKee (D) transmitted the Rhode Island Data Transparency and Privacy Protection Act (RI-DTPPA) into...more

Wiley Rein LLP

Key Takeaways from Our Conversation with Oregon and Texas Regulators About Privacy Enforcement

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With new comprehensive privacy laws in Texas and Oregon going into effect on Monday, July 1, we invited enforcers from the Texas and Oregon Attorneys General Offices – Tyler Bridegan and Kristen Hilton – to join our Wiley...more

Jackson Lewis P.C.

Ten Days Until the Texas Data Privacy and Security Act Goes Live & AG’s Office Signals “Aggressive Enforcement”

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With the Texas Data Privacy and Security Act (TDPSA) on the verge of taking effect on July 1, 2024, the State’s Attorney General, Ken Paxton, recently launched an initiative for “aggressive enforcement of Texas privacy laws.”...more

Husch Blackwell LLP

Rhode Island Legislature Passes Consumer Data Privacy Act

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Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more

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