Although 2025 has not seen the introduction of comprehensive federal privacy reform, state legislatures have enacted a series of focused amendments that significantly heighten compliance obligations for organizations...more
When using biometrics in advertising, consent is not enough. IAB Canada, a trade association for Canada’s interactive marketing and advertising industry, recently issued policy paper on using biometrics in digital...more
By the end of 2025, eight new states will have enacted comprehensive privacy laws: Delaware, Iowa, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Tennessee. With twenty states expected to have such laws...more
July 1 marked the official enforcement date of the Tennessee Information Protection Act (TIPA), the state’s comprehensive consumer privacy law. Signed into law in 2023, TIPA grants consumers specific rights concerning their...more
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
Are you using artificial intelligence in your business operations? Do you have AI embedded in the goods and services you offer customers? The regulatory framework applicable to AI continues to develop, including across US...more
On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...more
On March 4, 2025, the California Attorney General (AG) announced a further delay in the enforcement of the California Age-Appropriate Design Code Act (CAADCA) until April 5, 2025. Initially operative on July 1, 2024, CAADCA’s...more
On August 16, 2024, the U.S. Court of Appeals for the Ninth Circuit issued an opinion partially upholding—and partially vacating—the District Court for the Northern District of California’s preliminary injunction preventing...more
Minnesota has become the 18th state to enact a comprehensive consumer privacy law. On May 24, Gov. Tim Walz (D) signed the Minnesota Consumer Data Privacy Act into law to provide privacy rights to Minnesotans and to impose...more
With the continuing onslaught of state privacy laws, it’s easy to become overwhelmed by the number of new legal obligations while also trying to stay focused on identifying and mitigating the most pressing legal and business...more
Texas Governor Greg Abbott signed into law the Texas Data Privacy and Security Act (TDPSA) on June 18, 2023. With the passage of TDPSA, Texas becomes the tenth state to adopt a consumer data privacy law. TDPSA passed the...more
The very definition of generative AI suggests the creation of new content based on a program training on existing data, a recipe that necessarily raises potential U.S. and EU data privacy issues, not to mention related...more
Much like the beginning of 2023, when two new state data privacy acts went into effect, the midpoint of 2023 will feature two more state data privacy acts coming onto the books. On July 1, 2023, the Colorado Privacy Act...more
In his State of the Union address on February 7, 2023, President Biden affirmed his position on consumer data privacy protections and specifically his focus on strengthening protections for children. With several state data...more
Some states will affirmatively require annual audits of a business’s data collection and processing practices and—in some cases—to submit those audits to state regulators. With new US state data protection laws taking...more