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Pressure-Testing Your Privacy Program for 2024

With the onslaught of new privacy legislation and cyber threats coupled with upticks in enforcement, running a well-functioning and flexible privacy program is now, more than ever, a critical component of an organization’s...more

US State-by-State AI Legislation Snapshot

BCLP actively tracks the proposed, failed and enacted AI regulatory bills from across the United States to help our clients stay informed in this rapidly-changing regulatory landscape. The interactive map is current as of...more

Enforcement is Coming - Are your Privacy Policy and Cookies Solution Ready?

On January 1, 2023, the California Privacy Rights Act of 2020, which amended the existing California Consumer Privacy Act (collectively, the “CPRA”) and Virginia’s Consumer Data Protection Act (“VCDPA”) went into effect....more

Precise Geolocation: Recent Trends and Enforcement

“Precise Geolocation” has become a hot button issue in the privacy world with recent data privacy laws seeking to regulate the collection and processing of such information, including in California and Virginia. The...more

“Sensitive Personal Information” - Understanding and Complying with the New Rules in the United States

The concept of Sensitive Personal Information (SPI) has made its way into new and emerging US privacy laws. The usual challenges associated with a novel privacy obligation certainly apply to Sensitive Personal Information,...more

HR data is now regulated under California privacy law: How to tackle compliance

2023 will be yet another dynamic year for data privacy regulation.  In addition to the data privacy laws in Virginia, Colorado, Utah, and Connecticut going into force this year, businesses also have to contend with the fact...more

Recently Amended Draft Federal Privacy Legislation Continues to Receive Support & Criticism

The American Data Privacy and Protection Act (“ADPPA”) has been working its way through Congress with notable bipartisan support. After a July 20th markup session in the House Committee on Energy & Commerce amending the bill,...more

CPRA Update: September 23, 2022

The California Privacy Protection Agency (CPPA) Board met on September 23, 2022, to discuss ongoing efforts to prepare for the California Privacy Rights Act (CPRA), which becomes operative on January 1, 2023 (an agenda of the...more

Global Privacy Signaling: The Trendsetting Opt-Out Mechanism

By now, it is generally known that comprehensive privacy laws include requirements to allow consumers to opt-out of the sale of the their personal information, including personal information collected through the use of...more

Data Privacy FAQ's: How do cure periods work under the new state privacy laws?

Do Companies have a cure period for alleged violations under the California Privacy Rights Act (“CPRA”)? No, the CPRA eliminates the thirty (30) day cure period originally permitted under the California Consumer Privacy...more

The End of the HR Data Exemption under California law?

Unless the California legislature acts soon, the scope of information subject to the California Privacy Rights Act (“CPRA”) will include all employee or human resource-related personal information on January 1, 2023. To date,...more

Comparison of the CCPA & CPRA with Pending 2021 Comprehensive Federal Privacy Legislation – S. 2134

In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more

Comparison of the CCPA & CPRA with Pending 2021 Comprehensive Federal Privacy Legislation - S. 1494

In the last year, we continued to see a shift in the privacy landscape of the United States, including the passage of comprehensive privacy legislation in both Virginia and Colorado, while other states still have bills under...more

The CPRA Digest: What's Next for Rulemaking

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

The CPRA Digest: Contracting with “Contractors”

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

Colorado On the Cusp of Passing Consumer Privacy Law

Colorado recently introduced a new privacy bill, the Colorado Privacy Act (CPA). The CPA has certain similarities with the well-known California Consumer Privacy Act (CCPA) and Virginia’s Consumer Data Protection Act (VCDPA)....more

International Data Flows - How to Prepare for the New EU SCCs

The last few years have witnessed remarkable changes in the privacy world.  The GDPR, the CCPA, the invalidation of the EU-US Privacy Shield framework and the related obligations resulting from the Schrems II decision - to...more

CCPA’s Third Amended Regulations

On March 15, 2021, California Attorney General, Xavier Becerra, announced additional California Consumer Privacy Act (CCPA) regulations. These new changes went into effect on March 15, 2021....more

CPRA Digest - New Consumer Rights under CPRA and What That Means for Your Business

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”)...more

AB 713 – CCPA’s New De-Identification Amendment is Effective as of January 1 and May Require Operational Changes

Although it received little notice, the CCPA was amended effective January 1, 2021 to clarify and modify the exemption relating to de-identified data, with particular focus on medical data.  Specifically, AB 713 amended the...more

The CPRA Digest: Data Minimization

On November 3, 2020, Californians voted to pass Proposition 24, expanding and modifying the California Consumer Privacy Act (“CCPA”), which came into force on January 1, 2020. The new California Privacy Rights Act (“CPRA”),...more

California Passes New CPRA Privacy Regulation

On November 3, 2020, the state of California voted to pass Proposition 24, also known as The California Privacy Rights and Enforcement Act of 2020 (“CPRA”). As a result of this vote, businesses dealing with personal...more

Implications of CCPA and CPRA on Clinical Trial Data

Given the recent updates to CCPA, and the possible approval of California Privacy Rights Act (CPRA) which is on the November 3 ballot, it is increasingly likely that personal information collected in the course of clinical...more

BCLP Notice: California Attorney General Publishes Proposed Third Amended Regulations

On October 12, 2020, less than a month before California will vote on a referendum potentially overhauling the California Consumer Privacy Act (the “CCPA”), the California Attorney General published further proposed...more

What qualifies as aggregate or de-identified information under the CCPA?

The CCPA defines both “aggregate consumer information” and “deidentified information.” Aggregate consumer information is defined to mean “information that relates to a group or category of consumers, from which individual...more

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