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Kentucky Data Protection Act: What Businesses Need to Know

On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more

Delaware Data Protection Act: What Businesses Need to Know

In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will...more

New Jersey Data Protection Act: What Businesses Need to Know

On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more

FTC’s Proposed Settlement with Blackbaud Requires Data Deletion and Data Governance

On February 1, 2024, the Federal Trade Commission (FTC) announced that it had reached a proposed settlement with that would require Blackbaud Inc. (“Blackbaud”) to delete personal data it does not need to retain and upgrade...more

Tennessee Information Protection Act: What Businesses Need to Know

On May 11, 2023, Tennessee joined the rapidly growing ranks of U.S. states to enact a comprehensive data privacy law as Gov. Bill Lee (R-TN) signed the Tennessee Information Protection Act (TIPA) into law. Taking effect July...more

As Biometrics Technologies Evolve, Consumer Risks Follow, Warns FTC

In a policy statement released on May 18, 2023, the Federal Trade Commission (FTC) warned of several consumer data privacy risks related to the increasing commercial use of biometrics technologies.  The Commission unanimously...more

Texas Data Privacy Act: What Businesses Need to Know

On June 18, 2023, Texas enacted the Texas Data Privacy and Security Act (TDPSA), joining the rapidly growing list of U.S. states with comprehensive data privacy laws.1 The statute will take effect on July 1, 2024, except for...more

Colorado Privacy Act Regulations Finalized

On March 15, 2023, the Colorado Attorney General (AG) finalized its set of regulations implementing the Colorado Privacy Act (CPA) – the Colorado Privacy Act Rules (“Colorado Rules”). The Colorado Rules clarify and expand...more

The New Consumer Data Privacy Trap: How to Avoid Pitfalls of Dark Patterns

Growing regulatory action to combat so-called “dark patterns” used in web design to influence consumer choice has resulted in hundreds of millions of dollars in fines, and promises to continue to be an area of enforcement in...more

FTC’s First-of-Its-Kind Health Breach Notification Rule Enforcement Action

On February 1, 2023, the Federal Trade Commission (FTC) announced that it had taken enforcement action against prescription drug discount company GoodRx, which agreed to injunctive relief and to pay a $1.5 million civil...more

Comment Period Commences for New CPRA Modified Regulations

On November 3, 2022, the California Privacy Protection Agency (CPPA) officially published modifications to the proposed regulations implementing the Consumer Privacy Rights Act (CPRA). These modified proposed regulations...more

Utah Consumer Privacy Act: What Businesses Need to Know

With the recent signing of the Utah Consumer Privacy Act (UCPA) by Gov. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California,...more

New Privacy Shield Agreement Announced

Last week the Biden administration and the European Commission jointly announced a new trans-Atlantic data flow agreement. While no specifics have yet been made public, a recent press release gives the high-level facts of...more

Further Tension Between National Security and Protecting Privacy: Latest EU Judgments

United Kingdom, French and Belgian national security laws (and such laws of other EU Member States) fell under the scrutiny of the Court of Justice of the European Union (CJEU), which on October 6, 2020, ruled on whether such...more

New DIFC Data Protection Law in Force - What You Need to Know

On October 1, 2020, the three-month grace period for businesses to comply with the Dubai International Financial Centre (DIFC) Data Protection Law (DIFC Law No. 5 of 2020) (“DPL 2020”) came to an end. Regulating the...more

California Approves Final California Consumer Privacy Act Regulations

On Friday, August 14, California’s Office of Administrative Law (OAL) approved the final draft of the Attorney General’s (AG) regulations under the California Consumer Privacy Act (CCPA). Attorney General Xavier Becerra’s...more

A Year of GDPR: Five Recommendations to Help Limit Regulatory Scrutiny

A year ago, on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) came into force. With its extraterritorial scope and detailed requirements, the GDPR aimed to change the approach to personal data...more

Proposed Guidance on the Extraterritorial Scope of the GDPR

The EU General Data Protection Regulation (GDPR), which revised and sought to ensure greater harmonization of the European Union’s data protection framework, took effect in May 2018. Among the changes it introduced was the...more

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