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3 Key Takeaways | Privacy in a Flash: Keeping Up with Rapid Changes in State Laws

Kilpatrick’s John Brigagliano recently spoke at the Association of Corporate Counsel (ACC) DFW Annual In-House Symposium in Frisco, Texas. John spoke on the topic of “Privacy in a Flash: Keeping Up with Rapid Changes in State...more

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

Illinois legislature passes bill amending BIPA violation accrual standards (Updated)

On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more

Just in Time for the 4th of July, New Privacy Laws Effective in Texas, Florida, and Oregon

On July 1, 2024, three more U.S. state privacy regulations will take effect. While these laws align with many of the principles established by other state privacy laws, they also introduce unique compliance requirements...more

Maryland and Nebraska Pass Consumer Data Privacy Laws, and Maryland Adds a Kids Code

The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States...more

Vendor Management from a U.S. Data Privacy Perspective

Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most...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

Iowa Passes a New Privacy Law While Colorado Finalizes Its Privacy Regulations

On March 28, 2023, Iowa became the sixth state to enact a comprehensive consumer privacy law. If the thought of having to comply with yet another state privacy law is causing a sense of panic, fret not. Iowa’s bill is largely...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

Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damages

The Illinois Supreme Court ruled that a company violates the Illinois Biometric Information Privacy Act (BIPA) each time the company scans a person’s biometric information (e.g., fingerprints) without consent—not just upon...more

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

It’s been a blazing hot summer and privacy professionals have been sweating to keep up with all of the updates from the last few months. We all knew this was going to be a busy year with updating European data transfer...more

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

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

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

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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