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Five New State Privacy Laws Effective January 2025

Starting January 2025, five state privacy laws will take effect, providing consumer privacy rights to a new swath of individuals across the country. Delaware, Iowa, Nebraska, and New Hampshire’s laws will go into effect on...more

Are You Ready for Eight More Privacy Laws in 2025?

As state-level privacy laws continue to expand in the absence of federal legislation, businesses must prepare to meet a growing patchwork of requirements or risk penalties and reputational harm. In 2025, eight additional...more

Complying with the Children's Online Privacy Protection Rule; FTC’s Proposed Updates

On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...more

Colorado Department of Law Issues Universal Opt-Out Shortlist Under the Colorado Privacy Act – What to Do Next

The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides...more

Basics for Corporate Counsel to Consider About Generative AI

Generative artificial intelligence (“GenAI”) and GenAI tools like ChatGPT have a significant opportunity to revolutionize how many organizations do business. GenAI tools allow users to brainstorm ideas, quickly generate...more

“Secondary Uses” of Personal Data Should Still be Your Primary Concern: Consent Requirements under U.S. State Privacy Laws

In March of this year, we wrote about “secondary use” consent requirements under the CCPA and Colorado’s CPA. Since that post, the number of U.S. state privacy laws has roughly doubled. Determining consent requirements under...more

A U.S. Data Privacy Law Update: Data Transfers, Delayed CCPA Regulatory Enforcement, and Data Privacy Laws Galore!

The pace of privacy developments in 2023 has been breathtaking. Since our recent alert regarding Iowa’s comprehensive data privacy law and Colorado’s finalized rules, there have been a number of key developments in data...more

Why “Secondary Uses” of Data Should be your Primary Concern: New Consent Requirements under California’s CCPA and Colorado’s CPA

One internet search of the CCPA or the CPA reveals a plethora of articles outlining standard data protection requirements under those laws, from privacy notice requirements to new mandatory contractual provisions. But the...more

For Your 2023 Worry List: Anti-Wiretap Class Actions Against Website Operators Surge, But Proper Consent Can Reduce Risk

Website session replay technology continues to fuel class action litigation alleging violations of anti-wiretap laws in all-party consent states. In 2021, we issued an alert highlighting that session replay lawsuits were...more

CCPA Financial Penalties: Four Takeaways from the California AG’s $1.2 Million Enforcement Action that Should Inform Your...

We warned you last summer that California Consumer Privacy Act (“CCPA”) enforcement was heating up! The California Attorney General (“CAG”) announced a settlement with cosmetics retailer, Sephora. That, among other penalties,...more

Summer 2022 – What Privacy Professionals Need to Know and Do Now – Part II

In our second installment of what privacy professionals should know before they start the summer, we provide you with highlights from the draft regulations from the California Privacy Protection Agency (“CPPA”) and...more

Delay Denied: Brazil Senate Sets Immediate Effective Date for the LGPD

Efforts to Delay the LGPD Fail - As noted by our firm earlier this spring, Brazilian authorities have considered delaying the General Personal Data Protection Law’s (“Lei Geral de Proteção de Dados” or “LGPD”) effective...more

Lower Your Privacy Shield, But Max Out Your Options for Maintaining Transatlantic Data Flow

Any organization that relies on certification under the EU-U.S. Privacy Shield framework and/or entering into the Standard Contractual Clauses (“SCCs” or “Model Clauses”) to effectuate personal data transfers from the...more

Poor Richard Says: Don’t be Oversold; Nevada’s New Privacy Law Only Regulates Data Brokering

Don’t worry about the new Nevada privacy law, SB 220 signed by the Governor last month, unless you’re selling personal information to a data broker, said no law firm whatsoever in its legal alert. At best they bury the lead,...more

India Tries to Capture the Value of Consumer Data for E Commerce and the Internet of Things

After almost four years of the largest and most ambitious effort in history to transform a nation with technology, India is looking ahead to protecting the data that it is generating. ...more

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