With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more
We are moving westward this week from Iowa to Nebraska in our series of articles providing in-depth summaries of state consumer privacy laws taking effect across the nation. Nebraska Governor Jim Pillen (R) signed the...more
AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more
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
What is a Privacy Policy? A company’s privacy policy details its commitments regarding the handling and use of consumer data. The policy must explicitly define the company’s practices for collecting, storing, processing, and...more
Website privacy controls—in the form of banners and pop-ups asking visitors to agree to, or reject, a website’s use of cookies, pixels, and similar technologies used to track their behavior—are becoming ubiquitous. In the...more
Since the passing of the California Consumer Privacy Act (CCPA) in 2018, California has led the nation in privacy regulation and enforcement. But, beginning July 1, 2024, Texas will be the new sheriff in town....more
Businesses take heed: California state officials just warned that the law prohibits you from collecting unnecessary data and retaining data for longer than necessary. The California Privacy Protection Agency published its...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more
California has a long history of protecting privacy rights. Article I, Section 1, of the California Constitution expressly provides a right of privacy. Recently, the focus has been on compliance with the California Consumer...more
Enforcement Begins July 1 - On July 1, businesses operating in California and collecting and processing California consumer personal data will begin to experience enforcement of California Consumer Privacy Act (“CCPA”)...more
We are living in the age of data and big data, where everyone wants to collect as much information as possible. The ability to analyze and monetize such information is a key strategy and selling point for many businesses. ...more
As one of the oldest and most recognized data privacy and security practices, we have had the honor of helping dozens of companies set up and evolve their data privacy programs over the past decade. That experience has given...more
California continues to lead on data privacy protection. Since the adoption of the California Consumer Privacy Act (CCPA), cracking down on data breaches and promoting consumer privacy has remained a priority in the state....more
Since the beginning of the year, industry leaders and counsel advising clients on data security issues have held their collective breath in anticipation of the tsunami of California Consumer Privacy Act (CCPA) lawsuits. The...more
The first post-California Consumer Privacy Act (CCPA) data breach class action was filed on February 3 in the Northern District of California. See Barnes v. Hanna Andersson, LLC , N.D. Cal., Case No. 20-cv-00812....more
To help identify trends in privacy representations, BCLP surveyed the websites and privacy notices of the hotel and lodging industry. The survey included hotel operators that are part of the Fortune 500, or that are the top...more
On January 1, 2020, the California Consumer Privacy Act of 2018 (CCPA) went into effect. The CCPA applies to a wide range of companies and broadly governs the collection, use and sale of personal information of California...more
The potential statutory damages under the CCPA dwarf almost every previous large data breach settlement in the United States. To mitigate the risk of this increased exposure, companies need to take key steps to ensure they...more
As you fired-up your computer after last week’s New Year holiday, your inbox was likely filled with emails about updated privacy policies. You may remember receiving a similar wave of emails in May 2018....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
Addressing cybersecurity risks invariably involves very technical matters. As a result, in many companies the IT department has been responsible for developing and implementing cybersecurity plans and procedures....more
When the California Consumer Privacy Act (“CCPA”) takes effect in January 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages of...more
The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more
No. The CCPA permits consumers to bring suit if a data breach occurs that was “a result of” the business failing to “implement and maintain reasonable security procedures and practices...”....more