Hollywood movie star Reese Witherspoon and her clothing line, Draper James, LLC, have found themselves the subjects of a public relations debacle, and now, a class action after running a promotion for teachers gone horribly wrong. In April, Draper James ran an Instagram promotion to recognize and thank teachers for their work during the COVID-19 … Continue Reading
After many months and several rounds of revisions, the Office of the California Attorney General has finally submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The complete package, which includes the Final Text of Proposed Regulations and the Final Statement of Reasons, … Continue Reading
Modern businesses have a more global reach than ever before. Technology has fundamentally changed the way employees work, communicate and collaborate. While global connectivity offers businesses opportunities, it also creates substantial challenges when it comes to archiving communications. Earlier this month, we co-hosted a thought leadership event in New York City with Smarsh, a multinational … Continue Reading
Although the California Consumer Privacy Act (CCPA) specifically precludes private lawsuits except for those resulting from certain data breaches, that has not stopped at least one plaintiff from bringing a putative class action based on an alleged CCPA violation. A proposed class action was filed on February 27, 2020, in the Southern District of California … Continue Reading
The onslaught of privacy regulations has impacted every industry and, while it seems that no industry can be flat footed – from auto manufacturers to ecommerce platforms – one in particular has had to remain especially nimble: the advertising technology (Adtech) industry. The Adtech industry has struggled with privacy regulations, including the CCPA, but it … Continue Reading
As currently drafted, the California Consumer Privacy Act (“CCPA”) leaves many questions unresolved regarding how the law applies to data collected and used in the health care and life sciences industries, particularly in the research context. Clinical research sponsors and other industry participants have raised concerns about how the CCPA may impede care delivery and … Continue Reading
A trio of consumer data privacy bills modeled after Europe’s General Data Protection Regulation (GDPR) has been introduced in the Wisconsin State Assembly. The three bills, collectively dubbed the Wisconsin Data Privacy Act (WDPA), were sponsored by Republican State Representative Shannon Zimmerman, who is seeking to make Wisconsin “the most consumer-friendly state in our nation … Continue Reading
With the California Consumer Privacy Act (CCPA) coming into effect on January 1 and the announcement on 14 January from Google that it will be phasing out third party cookies within the next two years, it seems that 2020 will be a significant year for the adtech industry as industry players react with solutions and … Continue Reading
Washington state’s lawmakers started the 2020 legislative session with a renewed focus on consumer privacy through the introduction of ten privacy-related bills across the state House and Senate on January 13. Chief among these proposals was the comprehensive Washington Privacy Act (WPA), a new version of which was re-introduced in the Senate after the previous … Continue Reading
Despite intensive lobbying from industry groups, multiple amendments before its effective date, and extensive proposed regulations from the California attorney general, the California Consumer Privacy Act (CCPA) went into effect earlier this month with still many questions left unanswered: What compromises will be made regarding employee and business-to-business data? Will there be further insight into … Continue Reading
Background On October 23, 2019, the European Commission (EC) released its report on a third annual review of the EU-U.S. Privacy Shield. While the report confirms that the U.S. continues to provide an adequate level of protection for personal data transfers in the context of the Privacy Shield, there are some gaps between the expectations … Continue Reading
As we look toward a new year and a new decade, advertisers will need to be a step ahead of the market, in order to keep up with changing trends, a world impacted by an increased sensitivity to privacy and the use of data, and consumers who have grown savvy to influencer marketing and product … Continue Reading
2019 signalled significant growth in both regulatory focus and litigation involving biometric privacy. The passage of the California Consumer Privacy Act (CCPA), the addition of biometrics to numerous state data breach notification laws (including New York), and continued class action lawsuits emanating from Illinois’ Biometric Information Privacy Act (BIPA) made biometrics a trend line in … Continue Reading
Given the vast challenges California’s sweeping new privacy law, the California Consumer Privacy Act (CCPA), poses for digital marketing, the Interactive Advertising Bureau (IAB) released for public comment a draft of its proposed Compliance Framework for Publishers & Technology Companies (the Framework) on October 22. “Selling” and CCPA challenges for digital. Those who have been … Continue Reading
On October 10th, the Attorney General of California, Xavier Becerra, delivered the highly anticipated text of the proposed California Consumer Privacy Act (CCPA) regulations. However, untouched and unexplained were the Health Insurance Portability and Accountability Act, California Medical Information Act, and clinical research exemptions. The industry has and will continue to grapple with these exemptions, which … Continue Reading
On October 10, 2019, California Attorney General Xavier Becerra issued proposed regulations implementing and interpreting the California Consumer Privacy Act (CCPA). The draft regulations address privacy policies, consumer notices, practices for handling consumer requests, ways to verify consumer requests, requirements regarding minors, and rules governing nondiscrimination practices. The regulations are currently in draft form, with … Continue Reading
Another potentially groundbreaking California ballot initiative has been announced, just as companies began to digest and incorporate the amendments to the California Consumer Privacy Act (CCPA) into their compliance plans and learned the draft CCPA regulations will be issued by the California Attorney General in October. Last week, the primary advocate for and co-architect of … Continue Reading
Late last week, the California legislature approved five bills intended to clarify the scope and required compliance obligations of the California Consumer Privacy Act (CCPA or the Act). Organizations now have just over three months to determine whether they need to comply with the newly amended CCPA, assess what their obligations are, and implement the … Continue Reading
Many states are following in the footsteps of Illinois’ Biometric Information Privacy Act (BIPA), a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of enterprise-level management of biometric data (e.g., fingerprint, voiceprint, and retina, facial, or iris image). Organizations that collect and use biometric … Continue Reading
With barely half a year until the California Consumer Privacy Act (CCPA) takes effect in January 2020, the landmark privacy law is in a state of flux. The already-amended landmark law is likely to face further rounds of revision, and the California Attorney General is required to hammer out many key compliance requirements through an … Continue Reading
Last week, the California Assembly’s Committee on Privacy and Consumer Protection, which exercises jurisdiction over privacy and personal information protection matters, approved several amendment bills intended to clarify and narrow the scope of the California Consumer Privacy Act (CCPA or the Act). In January 2020, the CCPA will impose landmark burdens and obligations on businesses … Continue Reading
BREAKING: California Attorney General Xavier Becerra (AG) announced a proposed series of amendments to the California Consumer Privacy Act (CCPA) that would: Expand consumers’ private right of action to include all alleged violations of their rights under the CCPA; Eliminate businesses’ 30-day opportunity to “cure” alleged violations prior to being subject to civil enforcement by … Continue Reading
China’s National Information Security Standardization Technical Committee issued draft amendments (Amendments) to the standards that govern the protection of personal information, “Information Security Technology – Personal Information Security Specification” (Standards, effective May 1, 2018) on February 1, 2019. The Standards provide guidance on interpreting China’s Cybersecurity Law (CSL) and set out best practices for the … Continue Reading
On November 13, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) released comments it received from over 200 government, non-profit, academic, and private sector organizations on developing the Administration’s approach to consumer privacy.[1] Since September, the NTIA has sought public comments to specifically address a number of questions that focused on … Continue Reading
