The Connecticut Office of the Attorney General ("CT AG") has released its first report on enforcement of the Connecticut Data Privacy Act ("CTDPA"), revealing its focus on companies’ privacy policies, protections of...more
The effective dates of new U.S. data privacy laws are closing in. Currently, thirteen states have passed comprehensive data privacy laws in the United States: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana,...more
2/7/2024
/ California Consumer Privacy Act (CCPA) ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
New Legislation ,
Personal Information ,
Privacy Laws ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
On January 16, 2024, New Jersey Governor Phil Murphy signed into law Senate Bill 332 (the "New Jersey Data Privacy Law") making New Jersey the thirteenth state to adopt comprehensive data privacy legislation. This signing...more
2/6/2024
/ Consumer Privacy Rights ,
COPPA ,
Data Privacy ,
Data Protection ,
Data Security ,
New Jersey ,
New Legislation ,
New Regulations ,
Opt-Outs ,
Personal Data ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
In 2023, the privacy landscape saw a proliferation of comprehensive state data privacy laws being enacted in several jurisdictions, as well as a few that have also taken effect. Although, many of the laws are similar,...more
12/27/2023
/ Artificial Intelligence ,
Biden Administration ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Reform ,
State and Local Government ,
State Privacy Laws
In 2019, the US data privacy framework changed significantly with the emergence of the California Consumer Privacy Act which created a significant compliance burden for most businesses that collect personal information about...more
12/27/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Enforcement ,
Legislative Agendas ,
Personal Information ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
With the 2023 annual report season upon us, it is time for companies to take stock of risk factors for 10-Ks and 20-Fs, and consider whether recent economic, political, technological, and regulatory developments have had (or...more
12/22/2023
/ Annual Reports ,
Artificial Intelligence ,
Climate Change ,
Cybersecurity ,
Disclosure Requirements ,
Geopolitical Risks ,
Internal Controls ,
Popular ,
Publicly-Traded Companies ,
Risk Factors ,
Securities and Exchange Commission (SEC)
On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more
11/15/2023
/ Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Civil Monetary Penalty ,
Cyber Attacks ,
Cybersecurity ,
Disclosure Requirements ,
Enforcement ,
Fraud ,
Information Technology ,
Initial Public Offering (IPO) ,
Injunctive Relief ,
Insurance Industry ,
Internal Controls ,
Investors ,
Material Misstatements ,
Misleading Statements ,
NIST ,
Omissions ,
Popular ,
Publicly-Traded Companies ,
Reporting Requirements ,
Sarbanes-Oxley ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934 ,
Software ,
Vulnerability Assessments
On October 19, the Consumer Financial Protection Bureau (the "CFPB") proposed the long-anticipated "Personal Financial Data Rights Rule" (the "Proposed Rule"), which would govern access for consumers and data aggregators to...more
On July 18, 2023, Oregon Governor Tina Kotek signed into law Senate Bill 619 (the "Oregon Consumer Privacy Act"), Oregon's new state consumer privacy law, which will become effective July 1, 2024. Oregon now joins California,...more
Florida Governor Ron DeSantis recently signed Senate Bill 262 into law, adopting the "Digital Bill of Rights" proposed by his office in February. Florida joins the rapidly increasing group of states, California, Utah,...more
9/21/2023
/ Cure Periods ,
Data Collection ,
Data Processors ,
Enforcement ,
Florida ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Jurisdiction ,
Minor Children ,
Nonprofits ,
Online Gaming ,
Opt-Outs ,
Popular ,
Sensitive Personal Information ,
Social Media ,
Software ,
State Privacy Laws
On September 11, 2023, Delaware Governor John Carney signed into law House Bill No. 154 ("Delaware Personal Data Privacy Act"), Delaware's new state consumer privacy law, which will become effective January 1, 2025. Delaware...more
9/18/2023
/ Consumer Privacy Rights ,
Delaware ,
Enforcement ,
FERPA ,
Governor Carney ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Investigations ,
Opt-Outs ,
Personal Data ,
State Privacy Laws
The California Attorney General's (the "Cal AG") office appears to be moving forward with enforcement activities, despite a recent court ruling delaying enforcement of CPRA regulations. In the past month, since the amendments...more
8/16/2023
/ California ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Compliance ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Actions ,
Hiring & Firing ,
Mobile Apps ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Regulatory Agenda ,
State Privacy Laws
The United States ("U.S.") and the European Union ("EU") have settled on a framework for transfers of personal data for the first time since the European Court of Justice ("CJEU") effectively invalidate the EU-U.S. Privacy...more
8/2/2023
/ Court of Justice of the European Union (CJEU) ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
International Data Transfers ,
National Security ,
Personal Data ,
U.S. Commerce Department
On June 18, 2023, Governor Greg Abbott signed the Texas Data Privacy and Security Act (TDPSA) into law. Texas now joins the rapidly increasing group of states, California, Utah, Colorado, Connecticut, Virginia, Iowa, Indiana,...more
7/20/2023
/ Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Regulatory Agenda ,
Regulatory Reform ,
State and Local Government ,
State Data Privacy Laws ,
State Privacy Laws ,
Texas
On May 11, 2023, Governor Bill Lee signed the Tennessee Information Protection Act (TIPA) into law. Tennessee now joins the rapidly increasing group of states, California, Utah, Colorado, Connecticut, Virginia, Iowa and...more
6/26/2023
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Gramm-Leach-Blilely Act ,
NIST ,
Personal Information ,
Privacy Laws ,
State Privacy Laws
On May 19, 2023, Montana Governor Greg Gianforte signed into law Senate Bill 384 ("Montana Consumer Data Privacy Act"), Montana's new state consumer privacy law, which will become effective October 1, 2024. Montana now joins...more
6/26/2023
/ Consumer Privacy Rights ,
Data Controller ,
Data Privacy ,
Data Protection ,
Legislative Agendas ,
Montana ,
New Legislation ,
New Regulations ,
Privacy Laws ,
Regulatory Agenda ,
State and Local Government ,
State Legislatures ,
State Privacy Laws
As of this morning, several US federal agencies and the personal information of 3.5 million Oregon and Louisiana residents has been compromised in a cyberattack affecting companies and government agencies across the globe...more
On May 18, 2023, in Twitter, Inc. v. Taamneh, the Supreme Court issued a unanimous opinion declining to impose secondary liability on tech companies for allegedly failing to prevent ISIS from using their platforms for...more
After a delay of eight months, the California Privacy Rights Act Regulations (CPRA) (the "Regulations") were finalized in late March of this year. The Regulations remain unchanged from the final modified version of the draft...more
On May 1, 2023, Indiana Governor Eric Holcomb signed into law Senate Enrolled Act No. 5 ("Indiana Data Privacy Law"), Indiana's new state consumer privacy law, which will become effective January 1, 2026. Indiana now joins...more
On March 28, 2023, Iowa Governor Kim Reynolds signed into law Senate File 262 ("Iowa Data Privacy Law"), Iowa's new state consumer privacy law, which will go into effect on January 1, 2025. By passing this law, Iowa joins...more
The Colorado Attorney General's Office recently finalized rules for the Colorado Privacy Act ("CPA Rules") which was signed into law in July 2021. The Colorado Privacy Act ("CPA") will soon join the California Consumer...more
4/18/2023
/ California ,
Colorado ,
Consumer Privacy Rights ,
Corporate Counsel ,
Corporate Governance ,
Data Privacy ,
Data Protection ,
Data Security ,
Legislative Agendas ,
New Legislation ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws ,
Virginia
For most large companies, a frictionless flow of information and the ability to transfer customer data, employee files, financial records and other information around the world quickly and cost-effectively is a critical...more
3/22/2023
/ Biometric Information ,
Board of Directors ,
Corporate Governance ,
Corporate Officers ,
Cybersecurity ,
Data Protection ,
Data Security ,
Data Transfers ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
International Data Transfers ,
Personal Data ,
Popular ,
Risk Assessment ,
Risk Management ,
Technology ,
UK
On January 27, 2023 California Attorney General Rob Bonta ("Cal AG") announced a new enforcement sweep, aimed at businesses with mobile apps that do not comply with the California Consumer Privacy Act ("CCPA"). The...more
After a two year absence of a legal framework for transferring personal data from the EU to the U.S., President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the...more
10/20/2022
/ Biden Administration ,
Court of Justice of the European Union (CJEU) ,
Data Privacy ,
Data Protection ,
EU ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Privacy Laws