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The FTC's Enforcement Priorities & How To Ensure Compliance

The FTC’s Enforcement Priorities & How To Ensure Compliance

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 …

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California Expands Definition of Sensitive Information to Include Citizenship or Immigration Status

California Expands Definition of Sensitive Information to Include “Citizenship or Immigration Status”

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 …

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CCPA Enforcement In Action But Questions Abound

CCPA Enforcement In Action But Questions Abound

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 …

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Cybersecurity Ethics For Attorneys And Law Firms

Cybersecurity Ethics For Attorneys And Law Firms

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 …

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The Children's Online Privacy Protection Act (COPPA)

The Children’s Online Privacy Protection Act (COPPA)

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. …

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The Importance Of Having Reasonable Security

The Importance Of Having Reasonable Security

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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New York SHIELD Act

New York’s Stop Hacks And Improve Electronic Data Security (SHIELD) Act

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 …

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