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Web Filtering: What Employers Need to Know

Employers are increasingly monitoring and filtering the web browsing habits of employees. The Commission Nationale de l’Informatique et des Libertés (CNIL) recently released new guidance (for public comment) on how...more

New Jersey Issues Draft Privacy Regulations: The New

New Jersey recently released draft privacy regulations, and there is a lot to unpack and process. In this three-part series, I will break down the regulations - Part 1: The New Personal data: • Scraping is carved...more

New CCPA Regs: Part 2: Consumer Requests

For the second installment of this series on the new California Consumer Privacy Act (CCPA) Regs, we are looking at consumer request processes. One major eye opener: Tracker opt-outs must be immediate and you may not be...more

New CCPA Regs: Part 1: Dark Patterns

New California Consumer Privacy Act (CCPA) Regs are here, with comments open until June 2. There are a lot of issues to address, and a lot of work for companies to implement. We are talking about billions of dollars in...more

What is Sufficient Consent?

The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Cookie Banners Shouldn’t Be Confusing and Other Life Lessons

The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more

What Is Happening in Privacy Law?

Here are eight recent developments in privacy law you should consider as you get ready for the holidays. Don’t Lie on Your AI - •The U.S. Federal Trade Commission recently issued a new enforcement action on AI...more

Employees Are People Too — And Not Just in California

I recently had the pleasure of speaking with the Atlantic County Bar Association. Here are some of the key takeaways from my presentation: Employees are “consumers” under the California Consumer Privacy Act. It requires:...more

The Enforcement of Final CPRA Regulations Was Postponed, But Does It Matter?

The Superior Court of California, County of Sacramento recently issued an order delaying the enforcement of newly enacted California Privacy Rights Act (CPRA) regulations until March 29, 2024, one year from the date they were...more

CPPA Issues Final Statement of Reasons for Amended CCPA Regulations

The California Privacy Protection Agency (CPPA) has issued a Final Statement of Reasons for amended California Consumer Privacy (CCPA) regulations. Key Points: The amendments were “necessary” (used 135 times), just...more

The New, New, New, New, New CPRA Regs: A Primer

What do you need to know about the changes in the new, new, new, new, new CPRA Regs? 1.your good faith efforts to comply count- 2.data minimization (reasonably necessary and proportionate) for the win, in almost any...more

California Attorney General Issues Second Year CCPA Enforcement Report: Key Takeaways

Yes, your privacy notice does need to be “that good.” If it isn’t, the California Attorney General’s Office might come knocking. Here are some key points from the AG’s second year enforcement report:...more

To Clarify the Meaning CCPA, CPPA Issues Initial Statement of Reasons for New Regs

“Businesses, service providers, and contractors are to comply with not just the letter of the (California Consumer Privacy Act), but the spirit of the law.” That is according to a new Initial Statement of Reasons issued...more

What Does the Future of Data Privacy Hold? Some Predictions.

During a recent webinar hosted by The Chicago Bar Association, some other panelists and I made some predictions about the future of data privacy. What is on the horizon?...more

If You Don’t Want It Released to an Employee, Don’t Put It in Your Employee Files

The old saying went that “if you don’t want it on the front page of the newspaper, don’t put it in an email.” Well, if you don’t want to produce it as part of an employee’s Data Subject Access Request (DSAR), it shouldn’t be...more

What Employers Need to Know About Monitoring Employee E-Mail

Datatilsynet Norway has issued a helpful guide on the data protection aspects of employee monitoring, which are helpful for GDPR, but also for California employers with CPRA bringing employee rights into play in 2023....more

CCPA Right of Access Includes Inferences, California Attorney General Says

Your rights of access under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) include inferences derived from the your personal information, California Attorney General Rob Bonta said in...more

Busted: Three Myths EU Companies Have About US Privacy laws

Many EU companies have their own ideas on what US Privacy laws mean for the, Here are three of the more common myths out there, busted. Myth 1: I don’t have physical presence in the US so the laws don’t apply to me....more

A Look at Maine’s Proposed Biometrics Law

Maine is stepping into the privacy mix with a possible biometric law, and a possible CCPA-like law. The biometric law, proposed by State Representative Maggie O’Neil, is generally similar to Illinois’ BIPA, even...more

CNIL Hits Google With €150 Million Fine Over Cookie Consent Violations

The Commission Nationale de l’Informatique et des Libertés, the French Data Protection Agency, has issued a 150M Euro fine against Google and a 60M Euro fine against Facebook/Meta for cookie consent violations...more

What is the Online Privacy Act of 2021?

U.S. Congresswomen Anna Eshoo (D-California) and Zoe Lofgren (D-California) have reintroduced House Resolution 6027 for the Online Privacy Act of 2021. Some of the bill’s key differentiators from CCPA, CDPA and CPA:...more

Restaurant Technology Network Town Hall: Key Takeaways When it Comes to Privacy

I had the pleasure of speaking during the Restaurant Technology Network Town Hall about a variety of privacy issues confronting restaurants and food delivery apps, including CCPA, CPRA, CDPA and CPA...more

Zoom’s $85 Million Settlement: What Lessons Should You Learn?

What are practical lessons learned from the $85 million Zoom settlement? •You can have big ticket enforcement dollars even without GDPR or CCPA. •When you integrate a third party feature – including via a Software...more

Beware: California Attorney General Is Enforcing CCPA

Have you been leisurely following California Consumer Privacy Act (CCPA) litigation thinking, “That’s only for data breaches, not ‘soft’ violations.” Think again... ...more

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