Recreational Marijuana Use Legalized in NYS – Your Questions Answered
On April 12, Nebraska Governor Jim Pillen signed Legislative Bill 1074 into law, making Nebraska the 16th U.S. state to enact a comprehensive privacy law. The Nebraska Data Privacy Act (NEDPA) will take effect on January 1,...more
On June 6, Florida Governor Ron DeSantis approved the passage of Senate Bill 262, which establishes the Florida Digital Bill of Rights (FDBR), set to go into effect July 1, 2024. Florida is now the tenth state to pass...more
Florida has become the latest state to enact a comprehensive privacy law this year when SB 262 was signed by Governor DeSantis last week. It combines some new, and some familiar, provisions. It has also passed a child privacy...more
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
In recent articles and videos, we’ve provided updates on the pending Oklahoma Computer Data Privacy Act, House Bill 1602 (HB 1602), which – if passed – would require that businesses receive a consumer “opt-in” for the...more
In 2018, the California Consumer Privacy Act (“CCPA”), which provides for an expansive array of privacy rights and obligations, was enacted. At the time, it was reasonable to wonder whether California’s bold example would...more
On March 2, the Virginia Consumer Data Protection Act (VCDPA) was signed into law, becoming the second comprehensive state privacy law in the United States. The VCDPA reflects core principles from the California Consumer...more
The Virginia Consumer Data Protection Act (CDPA) became law earlier this week when the state’s governor signed a bill recently adopted by the state’s legislature, making Virginia the second state in the nation with a...more
Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil vom 28. Mai 2020 (Cookie-Einwilligung II-Urteil) darüber entschieden, welche Anforderungen die an Einwilligungen von Website-Nutzern in den Einsatz von Cookies zu...more
No. The CCPA does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. The concept of consent only arises within the CCPA if a company intends...more
On March 11, 2020, the California Attorney General, Xavier Becerra, (“California AG”) released a second set of modifications to the proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). These...more
After much anticipation and trepidation, the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. Many companies are understandably still grappling with the details of the law, the amendments, and the...more
Happy New Year! At long last, the California Consumer Privacy Act of 2018 (“CCPA”) went into effect yesterday, January 1, 2020. For those who have not yet heard, the CCPA establishes a comprehensive legal framework to govern...more
On October 17, 2019, the Hogan Lovells Privacy and Cybersecurity team discussed key elements of the California Attorney General’s proposed regulations implementing certain provisions of the California Consumer Privacy Act...more
• On October 17, Senator Ron Wyden (D-OR) introduced legislation to establish baseline privacy and cybersecurity protections and issue fines to companies and criminal penalties to senior executives. • The New Democrat...more
Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more
On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more
Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject. A data subject’s consent to the use of analytics or...more
Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more
Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and analytics cookies that are unnecessary for the functioning of the website. With respect to...more
The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more
Maine Bill Requires ISPs to Obtain Opt-In Consent from Customers - The Maine legislature has passed a bill that requires internet service providers (ISPs) operating in Maine to obtain express, affirmative consent from...more
Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. Each and every data processing activity requires a lawful...more
...On April 4, 2019, California Assembly Member Wicks proposed sweeping changes to bill AB 1760, effectively repealing the California Consumer Privacy Act of 2018 (CCPA) and replacing it with the Privacy for All Act of 2019...more
A new consumer privacy law, the California Consumer Privacy Act of 2018 (“CCPA”), will go into effect on January 1, 2020, establishing new privacy rights for a California resident (hereinafter “consumer”) over their personal...more