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Utah becomes the Fourth Comprehensive State Privacy Law and a National Pattern Emerges

State legislative activity kicked off with a frenetic pace in 2022 and it seemed that there would be a number of new comprehensive privacy laws this year. Surprisingly to some, many of those efforts in other states fizzled...more

2022 - Year of the Privacy Contract Update: Why Changes on Both Sides of the Pond Make Now the Time to Start Updating Your Privacy...

Most New Year’s resolutions can fall by the wayside, but there is one you will need to keep in 2022 – updating your privacy contracts. This year, privacy professionals will need to spend a significant amount of time updating...more

CCPA Enforcement is Picking Up. Are you Ready?

Although the California Consumer Privacy Act (“CCPA”) has been in effect since January 1, 2020 and subject to enforcement since July 1, 2020, it seemed until recently that compliance had been somewhat spotty. Well, it’s time...more

Don’t Sell Privacy Compliance Short; Why Now is the Time to Double- Check How Your Company Handles Consumers’ Opt-Out of Sale...

Most privacy eyes are currently focused on the new EU Model Clauses and forthcoming U.S. state laws that take effect in 2023. As the summer heats up, however, compliance professionals should look to the western U.S. states of...more

Colorado’s New Comprehensive Privacy Law: a Downhill Effort for the For-Profit Sector. But, Non-Profits, Welcome to the Slopes!

The California Consumer Privacy Act (“CCPA”) and Virginia’s Data Protection Act (“CDPA”) have created a snowball effect, encouraging Colorado to be the third state to enact comprehensive data privacy legislation. On July 7,...more

Better Than Santa Clauses? New and Improved Standard Contractual Clauses (SCCs)! And a form DPA!

Long-awaited SCCs for EU Data Transfers Adopted by European Commission with 18-month Transition Period - The EU has a cross-border data transfer framework gift for you! On June 4, 2021, the European Commission (“EC”)...more

New Class Action Trend: Website Session Replay Tools Alleged to Violate All-Party Consent Recording Requirements

“This call may be recorded for quality assurance or training purposes.” We have all heard the outgoing announcement while on hold. One benefit of this announcement is that this common courtesy is part of good customer...more

Cross-Border Data Transfers: Spain's Data Protection Authority Imposes Its Largest Fine

On March 11, 2021, the Spanish Data Protection Authority (“AEPD”), imposed the regulator’s largest ever fine, totaling €8.15 million ($9.378 million), upon Vodafone España, S.A.U (“Vodafone”), a telephone operator, for...more

Virginia Can No Longer Say Whom Its for Without Consent Thanks to Its New Comprehensive Consumer Privacy Law

Virginia knocked off California’s crown as the only U.S. state to have a comprehensive, general consumer privacy law when Governor Ralph Northam signed the Virginia Consumer Data Protection Act (“CDPA”) into law on March 2,...more

CCPA 2.0: California Privacy Laws Continue to Take Center Stage

On November 3, 2020, California voters passed Proposition 24, the California Privacy Rights Act (“CPRA”). The provision’s timeline is important to consider. The law would become effective on January 1, 2023 with enforcement...more

The Privacy Shield Sunk, but Is There a Life Raft for the Standard Contractual Clauses? Strategies for Transferring Personal Data...

1. Schrems II requires parties relying on the SCCs to implement additional measures ensuring that transferred personal data is adequately protected. The Schrems II decision did not affirmatively invalidate the SCCs, but...more

California Governor Signs Bill Extending the CCPA's Personnel and Business Communications Exceptions

On Tuesday September 29, 2020, the California Governor signed AB 1281, which extends the CCPA’s personnel and “business communications” exceptions’ effective period for one additional year. Those exceptions were set to sunset...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

California Attorney General Finalizes CCPA Regulations as the Law's Enforcement Date Nears

With slightly less than one month before the July 1, 2020 enforcement date of the California Consumer Privacy Act (“CCPA”), California’s Attorney General announced on June 2, 2020 that he had submitted the proposed final...more

Electronic Signatures and Electronic Delivery of Documents as a Social Distancing Business Continuity Strategy

Although U.S. law has broadly enabled the use of electronic signatures since 2000, many companies have not fully adopted the use of electronic signatures across their operations. That resistance to the use of electronic...more

When “Imprecise” is Precisely the Place to Be: NAI’s Detailed Guidance on Location Data

The alarm bells have been sounding about location tracking, and the state legislatures have been responding. Perhaps the loudest ringing in 2020 is from the Washington Privacy Act, the Senate and House versions of which are...more

Choosing Your Chair for When the Music’s Over: Seven Changes to the Proposed CCPA Regulations that Affect Your Privacy Operations

It’s us again, back with more operationally-focused pointers on the California Consumer Privacy Act (“CCPA”) now that the music has stopped once more and everybody is looking for a place to sit. On Friday February 7th, the...more

5 Key Takeaways - RCG Webinar Series: Biometric Privacy Law in the U.S.: Compliance Strategies and Litigation Trends

On January 21, 2020, Kilpatrick Townsend attorneys Vita Zeltser and John Brigagliano presented a webinar on U.S. biometric data privacy, as a part of Kilpatrick’s regular Retail and Consumer Goods webinar series. The...more

[Webinar] Biometric Privacy Law in the US: Compliance Strategies and Litigation Trends - January 21st, 1:00 pm ET

Biometric technology – technology that identifies individuals based on measurements of their biological characteristics, such as facial geometry, voiceprints, or fingerprints – has become a ubiquitous part of the consumer...more

5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks [Video]

On October 17, 2019, Kilpatrick Townsend attorneys John Brigagliano and Vita Zeltser and Delta Air Lines Assistant General Counsel Jonathan Ware participated in a panel discussion on biometric data privacy, and discussed...more

5 KEY TAKEAWAYS - Biometrics: Identifying and Mitigating Legal Risks

On October 17, 2019, Kilpatrick Townsend attorneys John Brigagliano and Vita Zeltser and Delta Air Lines Assistant General Counsel Jonathan Ware participated in a panel discussion on biometric data privacy, and discussed...more

CCPA Update: How to Adjust Your Compliance Strategy to The Final 2019 Legislative Changes

On Friday, September 13th, the California legislature passed several amendments to the California Consumer Privacy Act (“CCPA”), and created a new "data broker" registration law that deserves its own blog post and heightened...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

KTS Advertising Law Guides - The Impact of the CCPA on Advertising: What You Need To Know

As brands increasingly use data management platforms or customer relationship management platforms to enhance sales, the California Consumer Privacy Act (“CCPA”) will significantly impact a brand’s data practices as the law...more

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