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5 Key Takeaways | Privacy & Technology Law Forum: Building an AI Governance Program

On March 4, 2025, Amanda Witt of Kilpatrick, Ami Rodrigues of Under Armour, and Christina McCoy of Innova Solutions presented on how to build an AI governance program at the Privacy & Technology Law Forum (PTLF) for the State...more

EU AI Act: Prohibited AI Ban and AI Literacy Rules Now in Force—Commission Unveils Key Guidelines

With the passing of the first major compliance deadline of the EU AI Act on February 2, 2025, EU regulators have officially banned certain high-risk AI applications. Companies that develop or deploy AI systems must now...more

Five New State Privacy Laws Effective January 2025

Starting January 2025, five state privacy laws will take effect, providing consumer privacy rights to a new swath of individuals across the country. Delaware, Iowa, Nebraska, and New Hampshire’s laws will go into effect on...more

AI Cybersecurity Guidance Summary - NYDFS and Singapore CSA

As regulators worldwide continue to scrutinize the impact of AI on industries within their respective purviews, two key global agencies issued guidance in October 2024 that highlighted AI-based cybersecurity risks and best...more

The FTC takes a new swipe at autorenewal programs

Use of California’s Auto Renewal Law as a predicate for UCL, FAL or CLRA claims has been a hotbed of consumer class action litigation. Now, the FTC has added a federal arrow to the consumer protection quiver by expanding its...more

Are You Ready for Eight More Privacy Laws in 2025?

As state-level privacy laws continue to expand in the absence of federal legislation, businesses must prepare to meet a growing patchwork of requirements or risk penalties and reputational harm. In 2025, eight additional...more

The FTC Expands its Negative Option Rule to Reach Autorenewal and Other Programs

For companies who offer recurring subscriptions, it is important for them to understand the Federal Trade Commission’s recently finalized rule applicable to negative option marketing that requires such companies to make the...more

Illinois legislature passes bill amending BIPA violation accrual standards (Updated)

On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), clarifying how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). 740 ILCS 14/1, et seq. This amendment confirms...more

Illinois Legislature Passes Bill Amending BIPA Violation Accrual Standards

On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more

Georgia Joins the list of States with Age Verification Requirements for Online Speech: Navigating the Crossroads of Child...

In an era where children are increasingly immersed in the digital realm, concerns about their safety and privacy online have become a focal point for policymakers (even on both sides of the aisle) and parents alike. Several...more

Maryland and Nebraska Pass Consumer Data Privacy Laws, and Maryland Adds a Kids Code

The United States privacy landscape becomes more cluttered by the week. While most of the legal media is focusing on federal legislation coming out of Washington, the most significant privacy development in the United States...more

Spring 2024 – What Privacy Professionals Need to Know and Do Now in the U.S. – Part III

This year is proving to be just as an important year for privacy professionals as 2023. In our third installment of what privacy pros should know, we provide you with some highlights about the following important developments...more

A Swift Response: Call to Action on Deepfake Non-Consensual Pornography

In an era where digital privacy is increasingly under threat, the recent deepfake incident involving the globally renowned artist, Taylor Swift, has catapulted the issue of nonconsensual pornography to center stage. This...more

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory (Updated)

For the past several years, website owners that gather data from California residents have faced a surge in class action lawsuits and threatened lawsuits alleging violations of the California Invasion of Privacy Act (CIPA)....more

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory

Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more

Recent Decision from the California Third District Court of Appeals Sparks Potential Enforcement of Privacy Regulations

The California Privacy Protection Agency (the “Agency”) may start enforcing privacy regulations according to a recent decision from the California Third District Court of Appeal. The privacy regulations at issue stem from the...more

Exemptions Abound in New Jersey’s New Consumer Privacy Bill

You may be feeling overwhelmed with the thought of having to comply with yet another state privacy law. However, New Jersey’s privacy bill is chock-full of significant exemptions that may ease your organization’s compliance...more

Colorado Department of Law Issues Universal Opt-Out Shortlist Under the Colorado Privacy Act – What to Do Next

The Colorado Department of Law has published its Universal Opt-Out Shortlist under the Colorado Privacy Act (“CPA”). This is eagerly awaited guidance for organizations who are subject to the CPA as the guidance provides...more

Companies Deploying Facial Recognition Continue to be Watched; Rite Aid Banned from Using AI Facial Recognition

On December 19, 2023, Rite Aid Corporation (Rite Aid) agreed to settle Federal Trade Commission (FTC) charges that it failed to take reasonable measures to prevent harm to consumers from its use of facial recognition...more

EU Announces Provisional Agreement on the Artificial Intelligence Act

On December 8, 2023, the EU announced that Parliament and Council negotiators “had reached a provisional agreement on the Artificial Intelligence Act.” Negotiators had been under pressure to resolve differences to maintain...more

Vendor Management from a U.S. Data Privacy Perspective

Given the increasing number of data privacy laws in the U.S., entering into appropriate data processing agreements (“DPAs”) with vendors has now become a critical component of vendor management. It can also be one of the most...more

A U.S. Data Privacy Law Update: Data Transfers, Delayed CCPA Regulatory Enforcement, and Data Privacy Laws Galore!

The pace of privacy developments in 2023 has been breathtaking. Since our recent alert regarding Iowa’s comprehensive data privacy law and Colorado’s finalized rules, there have been a number of key developments in data...more

The Wild West of Health Data for Sale? Not So Fast!

Background: The pandemic era ushered in exponential growth in the use of remote capabilities for all areas of life, with one of the most critical being the rise in telemedicine. Along with that expansion came an explosion in...more

New York City’s Biometrics Law Has Teeth

Since 2021, the administrative code of the City of New York requires commercial establishments in New York City to post conspicuous signs by their entrances if these businesses are collecting customers’ biometric information...more

Iowa Passes a New Privacy Law While Colorado Finalizes Its Privacy Regulations

On March 28, 2023, Iowa became the sixth state to enact a comprehensive consumer privacy law. If the thought of having to comply with yet another state privacy law is causing a sense of panic, fret not. Iowa’s bill is largely...more

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