As we embark on 2024, privacy law continues to advance, particularly, here in the United States, a state-by-state regulatory patchwork is forming. Though there are core themes in common throughout practically all the newly passed state comprehensive privacy laws, critical differences must be accounted for. The result is a “balkanized” compliance landscape, resulting in a …
Just the thought of a data breach or other similar attack on company systems is enough to make the CEO of a company shudder. After all, in our ever-increasing data-first world, breaches and attacks not only cause immense financial and reputational damage but also have the potential to bring operations, including those of a “mission-critical” …
With technology rapidly evolving and eCommerce and related marketing changing with it, too, the Federal Trade Commission (FTC) under the Chair, Lina Khan, is increasingly taking a comprehensive approach to its equally broad mandate under Section 5 of the FTC Act which prohibits ”unfair or deceptive acts or practices in or affecting commerce.” Some have …
Read more The FTC’s Enforcement Priorities & How To Ensure Compliance
In a further sign of the increased focus on personal information that is “sensitive,” the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), has expanded the categories of information deemed sensitive to now include “citizenship or immigration status.” Specifically, in October 2023, Governor Newsom signed Assembly Bill 947. As …
One of the most common questions, especially by newer and smaller businesses, pertains to why having a privacy policy is important and whether a lawyer is required to draft their website or app privacy policy versus the common alternative of using a privacy policy generator such as through a service like Rocket Lawyer. Here, we …
Read more Privacy Policy Importance And Is A Lawyer Required
In the world of privacy law, the passage of new regulatory frameworks is being contemplated regularly, and existing laws are constantly being updated in terms of guidance and amendments. The result is an immensely dynamic regulatory landscape. In light of this incredibly fast-moving area, it is challenging to understand the current “state of play”, including …
The passage of the California Consumer Privacy Act (CCPA) in 2018 (and effectual January 2020) and now significantly amended and expanded by the California Privacy Rights Act (CPRA) set the stage for other comprehensive state privacy laws. Following suit, Colorado, Connecticut, Virginia, and Utah now have relatively similar comprehensive privacy laws. With comprehensive privacy laws like the …
As law firms increasingly digitize their systems and practically all facets of the practice of law move into the cloud, there is significant danger lurking in the shadows in the form of breaches. Although organizations of all types and sizes see marked upticks in cybersecurity incidents, lawyers, with their ethical obligations to keep clients’ information …
Passed in 1998, one of the older federal laws centered on privacy is the Children’s Online Privacy Protection Act (COPPA). Enacted to protect children’s safety and privacy in the new age of the internet, COPPA went into effect in April of 2000. The law imposed obligations on commercial operators of online services directed to children under age 13. …
Read more The Children’s Online Privacy Protection Act (COPPA)
Whether on the state, federal, or international level, laws are increasingly mandating data security that meets “a standard of reasonableness.” What constitutes reasonable security measures relies on the specific business sector and data under inventory. For example, a healthcare provider with sensitive health information on many patients must have a robust data security program. Security …
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