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
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
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
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
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
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
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
Equifax to Pay up to $700 Million as Part of Settlement for 2017 Data Breach - Equifax has agreed to pay at least $575 million, and potentially up to $700 million, as part of a global settlement with the FTC, the CFPB, and...more
In June 2018, California enacted one of the most comprehensive privacy laws in the country, the California Consumer Privacy Act of 2018 (the “CCPA”). Although the CCPA will not go into effect until January 1, 2020, businesses...more
Consumers can successfully bring suit under the CCPA if they can prove the following five elements...more
Yes. Section 1798.150 of the CCPA permits consumers to “institute a civil action” if consumer “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject to...more
Ninth hearing on Competition and Consumer Protection in the 21st century highlights challenges of addressing persistent threats to data security. On December 11 and 12, the Federal Trade Commission (the FTC or the...more