Consumer Finance Monitor Podcast Episode: Should Section 5 of the FTC Act be Amended to Add a Private Right of Action?
Consumer Finance Monitor Podcast Episode: Challenges of Using the Current Law to Address Dark Patterns, with Guest Gregory Dickinson, Assistant Professor, St. Thomas University
Webinar Recording: An Overview of the American Data Privacy and Protection Act
CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
Bill C-27, the Digital Charter Implementation Act, proposes new legislation that will significantly impact the Canadian privacy law landscape. The omnibus bill – which is a second reiteration of the former Bill C-11 (which...more
The Indiana Legislature is poised to pass Senate Bill 5, a comprehensive privacy statute (the “Act”), and send it on to the Governor. Once signed, the Act will become operative on January 1, 2026, and make Indiana the seventh...more
American Data Privacy and Protection Act would require organizations to limit collection of personal information, grant consumers access to their own data, enhance data protections for children, mandate implementation of...more
The proposed law - which is broadly applicable to most entities doing business in the United States - is the first real indication of bipartisan movement on data protection at the federal-level. The House Committee on...more
On Friday, June 3, Representative Frank Pallone (D-NJ), Chairman of the House Energy & Commerce Committee, Representative Cathy McMorris Rodgers (R-WA), the committee’s Ranking Member, and Senator Roger Wicker (R-MS), Ranking...more
Last week’s blog detailed the wave of state legislation that occurred in the U.S. during 2021. It is no surprise that there were also many data privacy developments abroad. It is crucial that organizations affected by...more
Bill 64 largely tracks with already existing privacy regulations in other jurisdictions and will take effect over the course of the next three years, with some provisions taking effect in September 2022. On September 21...more
Countries all over the globe have been changing their data privacy landscape to account for the information protection required in the digital age. Organizations are handling large amounts of personal data gathered from...more
Despite its antecedents in one of the most widely cited law review articles of all time from more than 130 years ago, modern United States privacy law is roughly twenty years old. Even though still in its relative infancy,...more
Colorado is set to become the third U.S. state to pass comprehensive data privacy legislation. Following a number of revisions, Senate Bill 190, also referred to as the Colorado Privacy Act (“CPA”), passed the Colorado House...more
Virginia is the first in 2021 to codify a new data privacy law. The newly signed Virginia Consumer Data Protection Act (CDPA) has parallels to the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy...more
Stricter data privacy regulations and enforcement is no longer a new trend, it’s the known future. Living in a world of increasing data that often contains private information, lawmakers in several countries have realized the...more
It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more
The California Privacy Rights Act (CPRA) passed by ballot measure in November 2020. While it does not repeal the California Consumer Privacy Act (CCPA), which became effective in January 2020, it does change and augment CCPA...more
Das Landgericht Bonn hat am 11. November 2020 erstmals in einem Bußgeldverfahren ein Urteil erlassen: „Die 9. Kammer für Bußgeldsachen des Landgerichts Bonn hat heute entschieden, dass das Bußgeld, welches der...more
Hopes that privacy regulators and litigants would grant a reprieve to businesses during the COVID-19 pandemic may prove ill-founded. On July 21, 2020, the New York Department of Financial Services announced its first...more
Key trends are emerging out of the recently proposed CCPA “copycat” legislation across the United States, and Washington State is leading the charge for stricter data privacy legislation. Businesses should closely monitor the...more
In some cases yes, and in other cases no. The CCPA defines “personal information” as information that, among other things, “is capable of being associated with” a particular consumer....more
As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more
In May of 2018, the European Union enacted the General Data Protection Rules, or GDPR, a legal framework that outlines not only how companies may collect and process personal information of EU residents, but how that data is...more
The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more
Maybe. The GDPR does purport to allow data subjects to bring private rights of action. Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more
Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more
No. Currently the CCPA only provides a private right of action to any consumer whose unencrypted sensitive-category information has been breached as a result of a business’s violation of its duty to “implement and maintain...more
Similarities aside, there are significant differences between the two privacy laws. The CCPA grants rights to individuals who are residents of California under a definition used for income tax purposes....more