FCC Seeks Public Comment on the Current and Future Regulation of the “Internet of Things” -
The FCC is requesting public comment in a proceeding that will help determine the scope and nature of regulation of the “Internet of...more
10/13/2021
/ Artificial Intelligence ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Impact Assessments (DPIAs) ,
Enforcement Actions ,
FCC ,
General Data Protection Regulation (GDPR) ,
Hacking Back ,
Internet of Things ,
Malware ,
Mobile Apps ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-Outs ,
Popular ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Settlement ,
Software
In Blackbaud Inc. Customer Data Security Breach Litigation, No. 3:20-mn-02972 (D.S.C. Aug. 12, 2021), a federal judge found that defendant, Blackbaud Inc. was subject to the CCPA despite its motion to dismiss asserting that...more
9/22/2021
/ California ,
California Consumer Privacy Act (CCPA) ,
China ,
Class Action ,
COPPA ,
Cyber Attacks ,
Data Breach ,
Data Collection ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Information Protection Law (PIPL) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Standard Contractual Clauses ,
UK
US Department of Homeland Security Publishes Strategic Plan on Artificial Intelligence -
The Dep’t of Homeland (DHS) Security Science and Technology Directorate recently published its Artificial Intelligence & Machine...more
8/18/2021
/ Analytics ,
Artificial Intelligence ,
Biometric Information ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
General Data Protection Regulation (GDPR) ,
Machine Learning ,
Popular ,
Risk Mitigation ,
Wiretapping
SCOTUS: Accessing Private Database for Improper Purpose Not Violation of Computer Fraud and Abuse Act.
In a recent Supreme Court case, Van Buren v. United States, the Court narrowed the applicability of the Computer Fraud...more
7/20/2021
/ Attorney-Client Privilege ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Computer Fraud and Abuse Act (CFAA) ,
Data Security ,
Databases ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
European Commission ,
Federal Trade Commission (FTC) ,
Internet Privacy ,
Police ,
Popular ,
Ransomware ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Settlement ,
Standard Contractual Clauses ,
Unauthorized Access ,
Van Buren v United States
Colorado passes its own omnibus state privacy law. Although there are overlaps with the California and Virginia privacy laws, the Colorado Privacy Act has its own distinctions and variations, namely a longer cure period and...more
6/18/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CDPA ,
Colorado ,
Consent ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Data Profiling ,
Opt-Outs ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising
The legislation updates the Children’s Online Privacy Protection Act (COPPA) by prohibiting internet companies from collecting personal information from anyone 13- to 15-years old without the user’s consent
Senators...more
6/9/2021
/ Biometric Information ,
Broker-Dealer ,
Cookie Banners ,
COPPA ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Collection ,
Data Protection ,
EU ,
European Commission ,
Executive Orders ,
Facial Recognition Technology ,
FBI ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Latin America ,
NGOs ,
Online Safety for Children ,
Personal Information ,
Popular ,
Proposed Legislation ,
Schrems I & Schrems II ,
Securities and Exchange Commission (SEC) ,
Standard Contractual Clauses ,
Suspicious Activity Reports (SARs)
The Federal Trade Commission (FTC) continues to put emphasis on the importance of corporate board involvement in privacy and data security.
Corporate Boards: Don’t Underestimate Your Role in Data Security Oversight -
The...more
5/20/2021
/ Apple ,
Article III ,
Artificial Intelligence ,
Board of Directors ,
Data Privacy ,
Data Protection ,
Data Security ,
Disclosure Requirements ,
Electronic Protected Health Information (ePHI) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Google ,
Identity Theft ,
Latin America ,
Mobile Apps ,
New Rules ,
ONC ,
Personal Data ,
Popular ,
SCOTUS ,
Standing
In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing.
Background -
The case, McMorris v. Carlos...more
California Can Enforce Net Neutrality Law After Court Victory -
California’s net neutrality law bars internet service providers from prioritizing, blocking, slowing down, or speeding up internet content. California’s law...more
4/13/2021
/ Adtech ,
California ,
California Consumer Privacy Act (CCPA) ,
CDPA ,
Data Brokers ,
Data Collection ,
Department of Justice (DOJ) ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Data Protection Board (EDPB) ,
FCC ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Injunctions ,
Internet Service Providers (ISPs) ,
Net Neutrality ,
Opt-Outs ,
Personal Data Protection Act 2012 (PDPA) ,
Proposed Legislation ,
Schrems I & Schrems II ,
Sensitive Personal Information ,
UK
The California Consumer Privacy Act (CCPA) requires that the Attorney General establishes a recognizable and uniform opt-out logo or button to promote consumer awareness of the opportunity to opt-out of the sale of personal...more
2021 is off to a strong start in privacy legislation with Virginia passing the second state comprehensive consumer privacy law in the US.
Who Is Covered? -
The Virginia Consumer Data Protection Act (CDPA) applies to...more
3/8/2021
/ Consent Agreements ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Protection ,
Enforcement Actions ,
Gramm-Leach-Blilely Act ,
Personal Data ,
Privacy Laws ,
Targeted Digital Advertising ,
Virginia
Tides of change in the digital advertising and regulatory landscape over the last few years have recently ushered in an increasingly likely future without third-party cookies.
Background – An Abbreviated History of Recent...more
According to the Council of the European Union, there are plans to move forward with replacing the Cookie Directive with the ePrivacy Regulation.
Background on the ePrivacy Directive -
While the General Data...more
ICO has resumed its investigation into real-time bidding and the AdTech industry, as well as its review of the role of data brokers in the AdTech ecosystem.
Companies using real-time bidding for advertising should take...more
The DCIA was introduced on November 17, 2020, to replace Canada’s current national privacy law for the private sector, the Personal Information Protection and Electronic Documents Act (PIPEDA).
PIPEDA came into force in...more
The Federal Trade Commission (FTC) recently announced a settlement with Zoom Video Communications, Inc. (Zoom) after allegations that Zoom misled users through deceptive and unfair practices that made users believe their...more
The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France.
Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of...more
The CPRA, also referred to as CCPA 2.0, is a more robust version of the CCPA. The original drafter of the CCPA put CPRA on the ballot to amend and bolster key provisions in the CCPA....more
The California Consumer Privacy Act (CCPA) is the landmark privacy law in the US that formally went into effect this year and provides California residents with various rights regarding the collection, use, and sharing of...more
The United Kingdom’s Information Commissioner’s Office (ICO) recently released a Code of Practice for Age Appropriate Design on Online Services (Code).
The ICO notes that its Code reflects the “global direction” of reforms...more
The California Consumer Privacy Act (CCPA), the landmark privacy law making waves since taking effect earlier this year, has continued to evolve as legislators and the California Office of the Attorney General refine and...more
The Attorney General Regulations (Regulations) to the California Consumer Privacy Act (CCPA) are enforceable as of August 14, 2020.
Attorney General Xavier Becerra announced that the Office of Administrative Law (OAL)...more
Several recent actions from regulators in Europe have clarified the requirements surrounding cookie consent on websites, reminding website operators that consent must be freely given, specific, informed, and...more
The California Consumer Privacy Act (CCPA) went into effect January 1, 2020 and Attorney General enforcement began July 1, 2020.
Among the various changes the new law has required for covered entities, one that has...more
The California Privacy Rights and Enforcement Act (CPRA) has qualified for the November 3, 2020 ballot, according to a recent update by the California Secretary of State’s office.
Key Details -
CPRA qualifies for the...more