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Data Collection Third-Party Service Provider

WilmerHale

FTC’s Enforcement Action Against Avast Signals Increased Focus on Consumer Web Data

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The Federal Trade Commission (FTC) has been actively flexing its authority as a privacy regulator in recent months. The agency has been especially focused on identifying data practices it views to be “unfair”, thereby...more

Walkers

Personal Information Protection Act deep dive

Walkers on

The Personal Information Protection Act ("PIPA") comes into full force on 1 January 2025. All organisations in Bermuda are expected to be in compliance with it by that date – time is running out! The Privacy Commissioner...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

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Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

Association of Certified E-Discovery...

How Delaying Third Party Discovery Can End Up Costing You Dearly

[Editor’s Note: This article has been republished with permission. It was originally published January 18, 2024 on the eDiscovery Assistant Blog] In Episode 129 of Case of the Week, Kelly Twigger of eDiscovery Assistant...more

Benesch

Privacy Floodgates Open: 13 U.S. State Data Protection Bring About Major Changes

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Global Privacy Controls, vendor management, sensitive personal information, and the use of Ad Tech; new U.S. state data protection laws introduce twists to traditional notions of American data protection law. In the U.S.,...more

BCLP

Understanding the Data Governance Act: Key Aspects and Challenges

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A few weeks ago, on 24 September 2023, the Data Governance Act (Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance) (“DGA”) came into force.  The DGA aims to...more

Eversheds Sutherland (US) LLP

CFPB previews consumer data portability rule meant to accelerate US open banking adoption

On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) issued an advance notice of proposed rulemaking (ANPR) with respect to a new consumer financial data portability rule mandated by Section 1033 of the...more

Nutter McClennen & Fish LLP

BJ’s Wholesale Club Loses Bid to Dismiss Complaint Alleging Massachusetts State Law Claims for Wiretap Violations and Invasion of...

Joe Alves filed a class-action complaint against BJ’s Wholesale Club, alleging that BJ’s uses computer code, called Session Replay Code (SRC), to secretly record consumer activity on BJ’s website. Alves claims that BJ’s...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Sheppard Mullin Richter & Hampton LLP

The Comprehensive Privacy Law Deluge: Updating Vendor Contracts

Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more

Polsinelli

Will a New Wave of Lawsuits Roll Into a Nationwide Tsunami? Wiretapping Litigation for Website Analytics

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2022 has seen a new wave of class action lawsuits targeting companies that use technology to track consumers’ interfaces on their websites. These lawsuits generally allege that the use of technologies such as session replay...more

BCLP

Precise Geolocation: Recent Trends and Enforcement

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“Precise Geolocation” has become a hot button issue in the privacy world with recent data privacy laws seeking to regulate the collection and processing of such information, including in California and Virginia. The...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

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The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Benesch

Privacy Points 2023: New State Laws Introduce New Audit and Internal Review Requirements for Personal Information Collection and...

Benesch on

Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more

Nextpoint, Inc.

Managing Ediscovery In The Cloud: Essential Questions to Ask Potential Providers

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As we explained in our last post, managing ediscovery in the cloud is the only viable solution for dealing with the massive amount of electronic data involved in litigation today. Nextpoint has been an advocate for...more

Buchalter

Get Ready for the Amended California Consumer Privacy Act

Buchalter on

On July 8, 2022, the California Privacy Protection Agency commenced the formal rulemaking process to adopt regulations to clarify and implement the amendments to the California Consumer Privacy Act (“CCPA”). The amendments...more

McGlinchey Stafford

Congress Introduces the American Data Privacy and Protection Act

McGlinchey Stafford on

On June 23, 2022, Representatives Pallone, Rodgers, Schakowsky, and Bilirakis introduced the American Data Privacy and Protection Act, HR 8152. This Act represents an effort to create a comprehensive federal privacy law. ...more

Fox Rothschild LLP

To Clarify the Meaning CCPA, CPPA Issues Initial Statement of Reasons for New Regs

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“Businesses, service providers, and contractors are to comply with not just the letter of the (California Consumer Privacy Act), but the spirit of the law.” That is according to a new Initial Statement of Reasons issued...more

Husch Blackwell LLP

CPRA Draft Regulations Issued

Husch Blackwell LLP on

Keypoint: The California Privacy Protection Agency issued a first set of draft regulations that contain a number of notable provisions but do not address all of the CPRA’s rulemaking topics....more

K&L Gates LLP

Litigation Minute: Mitigating Class Action Risks Posed by Collecting and Storing Sensitive Data

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries,...more

Husch Blackwell LLP

How do the CPRA, CPA, and VCDPA treat data processing agreements?

Husch Blackwell LLP on

Keypoint: Starting in 2023, organizations that are subject to one or more of the laws will need to enter into contracts with recipients of personal information/data that address numerous statutory requirements....more

Saul Ewing LLP

Considerations for Remote Patient Monitoring Vendors and Providers

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Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or...more

Goodwin

SEC Focus on Cybersecurity Begins to Take Shape

Goodwin on

The U.S. Securities and Exchange Commission is implementing a campaign to overhaul the agency’s expectations around cybersecurity and cyber incident reporting for the financial services industry and corporate America...more

Womble Bond Dickinson

Recreational DNA Industry May Take Liberties With Consumer Data

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Companies collecting consumer DNA for non-medical purposes seem to be playing fast and loose with their customers’ data, according to a well-regarded consumer watchdog. This category of private money makers, which could...more

Wyrick Robbins Yates & Ponton LLP

To-Do in 2022: Top 5 Data Protection Contracting Tasks

Since 2018, a consistent stream of newly adopted privacy laws and other regulatory developments (such as GDPR, CCPA, Schrems II, and the new EU Standard Contractual Clauses) has required companies to make regular updates to...more

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