News & Analysis as of

Data Protection Consent

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Miller Canfield

Senators Introduce Legislation to Curb Use of Personal Data and Copyrighted Works for Gen AI Training

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We recently discussed the legal developments related to fair use in AI training. Through a bipartisan bill titled the AI Accountability and Personal Data Protection Act (the “Bill”), introduced on July 21, 2025, U.S. Senators...more

Troutman Amin LLP

ATTENTION ATTENTION: Minnesota’s Data Privacy Act Is Now Law As Of Today- July 31, 2025!

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Starting today, July 31, 2025, the Minnesota Consumer Data Privacy Act (“MCDPA”) officially takes effect. Signed by Governor Tim Walz in May 2024, this act majorly affects how the personal data of Minnesota residents is...more

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....more

Ropes & Gray LLP

Pixel Litigation Risk at Financial Institutions

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An increasingly aggressive plaintiffs’ bar has brought purported class action suits based on the nearly ubiquitous use of tracking technologies used for website analytics. Although any actual harm to the plaintiffs is...more

Perkins Coie

Another Take on the TAKE IT DOWN Act

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The TAKE IT DOWN Act (the Act), enacted on May 19, 2025, is a powerful (and controversial) new tool designed to stop people from sharing “nonconsensual intimate imagery,” or NCII, online. The Act does two main things: it...more

DLA Piper

Italy: Marketing Privacy Consent – Is Double Opt-In Now Mandatory?

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A recent and far-reaching decision by the Italian Data Protection Authority (Garante) has significantly altered the rules governing marketing privacy consent in Italy, introducing a potential obligation to adopt a double...more

A&O Shearman

CNIL requests public comments on draft recommendations on the use of tracking pixels in emails

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On June 12 2025, the French supervisory authority (CNIL) requested public comments on the draft recommendations on the use of tracking pixels in emails (Draft Recommendations)....more

Morrison & Foerster LLP

The New York Child Data Protection Act: What Businesses Need to Know About the Empire State’s New Teen Privacy Law

New York’s Child Data Protection Act (NYCDPA) has gone into effect, introducing sweeping new requirements for businesses that collect personal data from minors under 18. While New York has not yet joined the ranks of the...more

Conyers

Bermuda SMS/MMS Marketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Emarketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Hogan Lovells

Submitting tracking pixels in emails to consent: the CNIL launches a public consultation

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On 12 June 2025, the French data protection authority (CNIL) launched a public consultation on a draft recommendation regarding the use of tracking pixels in emails. This recommendation roughly assimilates pixels and any...more

DLA Piper

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

DLA Piper on

On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more

Perkins Coie

The Start of Something New? New Jersey’s Proposed Privacy Rules

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On June 2, 2025, the New Jersey Office of Consumer Protection announced proposed rules for New Jersey’s comprehensive consumer privacy law, the New Jersey Data Privacy Act (NJDPA), which went into effect on January 16, 2025....more

Hogan Lovells

India publishes consent management rules under Digital Personal Data Protection Act

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India’s Ministry of Electronics and Information Technology (MeitY) released in June 2025 a Business Requirement Document for Consent Management Under the DPDP Act, 2023 (BRD). The BRD, while not legally binding, provides...more

Venable LLP

Connecticut Signals an Increased Focus on Biometric Data Compliance

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In April, the Office of the Connecticut Attorney General (OAG) released an updated enforcement report under the Connecticut Data Privacy Act (CTDPA) to highlight privacy enforcement actions taken in 2024....more

A&O Shearman

Navigating consent: emerging trends in children's data privacy across APAC

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The Asia-Pacific (APAC) region has experienced a significant increase in internet usage among children, fueled by widespread access to smartphones, affordable data plans, and digital platforms. While this digital...more

McDermott Will & Schulte

New Jersey Proposes Rules for the New Jersey Data Privacy Act

New Jersey’s Office of Consumer Protection has prepared proposed rules for the New Jersey Data Privacy Act (NJDPA) (Proposed Rules). While the bulk of the Proposed Rules consist of recitations of the obligations found in the...more

ArentFox Schiff

Virginia Strengthens Privacy Protections for Reproductive and Sexual Health Information

ArentFox Schiff on

On July 1, the Virginia Consumer Protection Act (VCPA), as amended by Senate Bill (SB) 754, will provide additional privacy protections for reproductive and sexual health information. The legislation expands the VCPA to...more

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

Hogan Lovells on

On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

Dacheng

China’s First Judicial Decision on Cross-Border Personal Information Transfers: Clarification on Data Localization Requirement

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In August 2024, China Judgements Online published a ruling issued by the Guangzhou Internet Court on September 8, 2023, in a case widely regarded as China’s first judicial decision addressing cross-border personal information...more

Seyfarth Shaw LLP

CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined...more

A&O Shearman

CNIL launches public consultation on draft recommendations relating to multi-terminal consent

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On April 24 2025, the French supervisory authority (CNIL) issued a draft recommendation to address challenges in collecting user consent for cookies and trackers across multiple devices (the Draft Recommendation). The new...more

Osano

3 Ways GRC Pros Can Manage Privacy Risk (and Still Have Time to Sleep, Eat, and Relax)

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Governance, risk, and compliance (GRC) can feel like thankless work at times. You can’t ship risk mitigation to market. It's not usually reflected on your balance sheet. Only especially canny investors notice the absence of...more

Blake, Cassels & Graydon LLP

Digital Identity Verification Best Practices for Canadian Financial Services

Many financial services businesses are subject to legal or regulatory obligations that require them to verify the identity of their customers. Although innovative technological tools, including those using artificial...more

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