Driving Digital Security: The FTC's Safeguards Rule Explained — Moving the Metal: The Auto Finance Podcast
Navigating Emerging Privacy Issues in Financial Services — The Consumer Finance Podcast
Turning up the Heat – A Look at the FTC’s Groundbreaking Fine Against Bankrupt Digital Asset Services Provider Celsius Network LLC - The Crypto Exchange Podcast
CFPB's Section 1071 Final Rule (Part 3): Potential Problem Areas – The Consumer Finance Podcast
Video: Introduction: A Deep Dive into Privacy
What Non-Financial Institutions Need to Know About Gramm-Leach-Bliley
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
In May, Montana enacted Senate Bill 297, which amends the Montana Consumer Data Privacy Act (MCDPA) to eliminate the broad exemption for financial institutions subject to the Gramm-Leach-Bliley Act (GLBA). Connecticut...more
The California Privacy Protection Agency board voted on November 8, 2024, to advance a proposed rulemaking package for, among other things, a proposed regulation to clarify the application of the California Consumer Privacy...more
Employee security awareness training is a best practice and a “reasonable safeguard” for protecting the privacy and security of an organization’s sensitive data. The list of data privacy and cybersecurity laws mandating...more
Businesses operating in regulated industries, particularly in the financial services and healthcare sectors, need to ensure they are paying close attention to the details of the exemptions in the increasingly complex...more
Florida has joined the growing list of states enacting comprehensive privacy laws. Governor Ron DeSantis (R) signed the Florida Digital Bill of Rights (“FDBR”) into law on June 6th. How does it compare?...more
Washington greatly expanded the protection for consumers’ identifiable health information by enacting the “My Health My Data Act” (MHMDA), in an effort to close the gap between HIPAA protections and the laws protecting the...more
The Health Information Portability and Accountability Act (“HIPAA”) has long been described as the floor for health care privacy laws and that states and regulators are free to enact more restrictive health care privacy laws....more
The world of cybersecurity and privacy have grown exponentially in recent years, both on the federal and state level. A pandemic-driven shift to remote has increased social media interaction and electronic communication, and...more
In 2023, five new state privacy laws will become effective. How will these new laws affect your business? Currently, privacy laws in the United States include a patchwork of state laws as well as some industry- or...more
Utah is likely the next in line to pass a comprehensive consumer privacy law, joining the ranks of California, Colorado, and Virginia. Senate Bill 227, the Utah Consumer Privacy Act (UCPA), was passed by the Utah legislature...more
U.S. state legislatures accelerated efforts in 2021 to fill the gap created by the absence of national data privacy legislation. California, Virginia, and Colorado passed or amended data protection laws, and the trend is...more
On July 7, 2021, Colorado enacted a new privacy law, titled the Colorado Privacy Act (CPA). The CPA is the third state-level omnibus data privacy law, similar in scope to the California Consumer Privacy Act (CCPA) and the...more
On July 7, 2021, Colorado Governor Jared Polis signed the Colorado Privacy Act (“CPA”) into law, making Colorado the third state to enact comprehensive privacy legislation, following in the footsteps of California and...more
Since the General Data Protection Regulation (GDPR) went into effect in 2018, over half a dozen countries have passed similar privacy regulations and another few dozen have updated or proposed new privacy regulations. In the...more
The Virginia Consumer Data Protection Act (CDPA) overwhelmingly passed both legislative chambers this month and is expected to be signed by the Governor in the coming weeks with an effective date of January 1, 2023. Best...more
The Colorado legislature just passed the Colorado Privacy Act (CPA). Once signed by the Governor, Colorado will become just the third state – after California and Virginia – to enact broad consumer data privacy legislation....more
On March 2, the Virginia Consumer Data Protection Act (VCDPA) was signed into law, becoming the second comprehensive state privacy law in the United States. The VCDPA reflects core principles from the California Consumer...more
3,987 words (or 15 double spaced pages). Banks and financial service companies (collectively “banks”) often post more than one privacy notice. For example, they may post a privacy notice that applies to their customers...more
Managers of private investment funds that collect personal information are required to comply with the landmark California Consumer Privacy Act – with some exemptions. ...more
I am not a real academic. I teach privacy law very part-time as an adjunct professor. I am a full-time law firm partner, focusing on privacy and data security issues. I have been teaching formal privacy and data security...more
Florida lawmakers have proposed data privacy legislation that, if adopted, would impose significant new obligations on companies offering a website or online service to Florida residents, including allowing consumers to “opt...more
As of January 1, 2020, California became the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages between $100-$750 per incident, even in the absence of any actual...more
January 1, 2020, opens both a new decade and a new landscape in privacy regulation in the United States. On that day, the California Consumer Privacy Act, or CCPA, is set to become effective. The law will be the first of its...more
The California Consumer Privacy Act (the “CCPA”) is poised to become the strongest consumer privacy law in the United States when it goes into effect on January 1, 2020. The CCPA affords consumers unprecedented rights in...more