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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

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

Keep Your Eye on Biometrics: Illinois High Court Waves Six Flags at Spokeo

Attention all who collect fingerprints and other biometric information of Illinois residents: a private right of action is now available for a mere technical violation of the Illinois Biometric Information Privacy Act...more

Three Wishes to Save Your Digital Advertising From the CNIL

When you rub the magic lamp and are offered three wishes for your digital advertising program, how can you use those wishes to avoid €50,000,000 fines from the French CNIL? Transparency: You need to disclose clearly the...more

GDPR-Inspired Data Protection Heads to South America - Brazil's New Data Protection Law Updated to Authorize an Enforcement...

On July 10, 2018, the Brazilian Federal Senate approved a General Data Protection Regulation (“Lei Geral de Proteção de Dados” or “LGPD”). The bill, was largely inspired by the European General Data Protection Regulation...more

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