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 …
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 …
One of the older federal laws centered on privacy is the Children’s Online Privacy Protection Act (COPPA), passed in 1998. Enacted to protect children’s safety and privacy in the new age of the internet, COPPA went into effect in April 2000. The law imposed obligations on commercial operators of online services directed to children under the age of 13. However, …
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 …
New York State is the latest addition to the rapid flurry of privacy, data protection, and cybersecurity regulatory frameworks proliferating on the international, national, and state levels. On July 25, 2019, New York’s governor signed into law the SHIELD (Stop Hacks and Improve Electronic Data Security) Act. The Act amends New York’s current data breach statute …
Read more New York’s Stop Hacks And Improve Electronic Data Security (SHIELD) Act
The Health Insurance Portability and Accountability Act (HIPAA) is a broad-ranging law that, in part, imposes responsibilities on a variety of entities concerning Protected Health Information (PHI). Though beyond the scope of this discussion, there are aspects of the Act that regulate continuity of healthcare plans and benefits (Title I), here our focus is on …
Read more The Health Insurance Portability And Accountability Act (HIPAA)
In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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