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Looking Ahead to 2025 Data Privacy Trends and Developments

Last year proved to be an incredibly active year for data privacy legislation, state and federal enforcement actions, and new compliance challenges introduced by emerging technology. Looking ahead to this year, there is no...more

FTC Fines Hotel Company $52 Million for Delinquent Cybersecurity Practices

In a settlement with Marriott International and its subsidiary Starwood hotels and Resorts Worldwide, the FTC will require Marriott to implement a new comprehensive data security program. The settlement stems from a series of...more

FTC Seeks Expansion of Children’s Privacy Protection Law

On Dec. 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (NPRM) to the Children’s Online Privacy Protection Act (COPPA). COPPA was enacted in 1998 and went into effect in 2000. Under...more

ChatGPT – Hallucinating Case Law, Instigating Attorney Sanctions and Stealing Privilege

In 2023, use of generative artificial intelligence (Gen AI) tools such as ChatGPT went viral. Generative AI platforms can be utilized to create a host of efficiencies across businesses and professions such as drafting emails,...more

Delaware Joins Consumer Protection Bandwagon

On Sept. 11, 2023, Delaware became the next state to enact a comprehensive consumer data privacy law as Gov. John Carney signed the Delaware Personal Data Privacy Act (DPDPA) which will go into effect on Jan. 1, 2025. The...more

Data Transfers Permitted Across the Pond via New EU-U.S. Data Privacy Framework

On July 10, 2023, the European Commission adopted its adequacy decision on data transfers for the EU-U.S. (European Union/United States) Data Privacy Framework (DPF). The adequacy decision concluded that the United States...more

Nevada Enacts Expansive New Consumer Health Privacy Act

On June 5, 2023, the Nevada Legislature passed an amended version of Senate Bill 370 (SB 370 or the Act), which imposes new requirements on the collection, use and sale of consumer health data. The bill was signed on June 22,...more

Amazon Agrees to Pay $25 Million for Online Privacy Violations

On May 31, 2023, Amazon agreed to pay a $25 million civil penalty to settle Federal Trade Commission (FTC) charges that the company retained sensitive information collected from children using Alexa, in violation of the...more

Fined $520 Million by the FTC for Privacy Violations

On Dec. 19, 2022, Epic Games, the developer of popular video game Fortnite, agreed to pay more than $520 million to settle Federal Trade Commission (FTC) claims that alleged a violation of the Children’s Online Privacy...more

The New Year Brings New Data Privacy Obligations

On Jan. 1, 2023, both the California Privacy Rights Act (CPRA) and Virginia Consumer Data Privacy Act (VCDPA) come into effect, introducing new and updated data privacy and security obligations to covered entities. As these...more

Defining “Downloadable”: Federal Circuit Minimizes Impact of “Incorporation by Reference”

It is often questioned how someone’s career path, which began with asserting and defending patents in litigation, transforms to a career focused on cybersecurity and data privacy, as mine has in the last two decades of...more

Cybersecurity Awareness Month – Fast-Fashion Under the Spotlight: SHEIN and ROMWE Owner Fined $1.9M for Significant Data Breach...

Zoetop, the parent company behind online fashion retailers SHEIN and ROMWE, has been fined $1.9 million by New York State after it failed to properly inform customers of a data breach that affected millions of users. A...more

Cybersecurity and Data Privacy Developments

The cybersecurity and data privacy legal landscape continues its rapid evolution. Below is an outline of some of the most significant developments in the last quarter. Federal Legislation: In June, a bipartisan...more

The Great Wall of Data Privacy: China Passes Comprehensive Data Privacy Law

On Aug. 20, 2021, the Standing Committee of China’s National’s People’s Congress, the top legislative body of the People’s Republic of China, adopted a national privacy law. The extensive law, named the Personal Information...more

Oh Canada! – Your Privacy Act is Calling: Canada to Reform its Approach to Consumer Privacy Protection

On Nov. 17, 2020 the government of Canada introduced Bill C-11, also known as the Digital Charter Implementation Act, 2020 (the Act). The Act would create the Consumer Privacy Protection Act (CPPA), not to be confused with...more

High Court in the EU Strikes Down Privacy Shield

After years of United States organizations—large and small—investing in and relying on the EU-U.S. Privacy Shield as the foundation for permissible data transfer between the EU and the U.S., with the stroke of a pen, or...more

Zooming In On Zoom’s Security and Privacy Practices

With the outbreak of Coronavirus in the U.S., virtual meeting apps have seen an exponential increase in usage. From business meetings and remote real estate walk throughs, to online schooling to virtual happy hours—countless...more

Let the Litigation Begin! California Residents Already Filing Enforcement Actions Under the CCPA

The ink is still wet, and the dust has hardly settled after the California Consumer Privacy Act (CCPA) went into effect on January 1, 2020. Yet starting in February, two class actions were filed by California residents...more

2019 Amendments to the California Consumer Privacy Act Clarify Several Important Data Privacy Issues

On the last day of its 2019 session, the California legislature passed six bills that amend and clarify key provisions of the California Consumer Privacy Act (the “CCPA”), the state’s landmark 2018 data privacy law. The CCPA,...more

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