As of this week, Apple’s requirements for apps to follow its AppTrackingTransparency are now in effect. These requirements went hand-in-hand with the iOS 14.5 launch, and impacts how an app can track users and access their...more
Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach. It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and...more
Many digital health app developers offering health and wellness solutions directly to consumers may find themselves in a space unregulated by the Health Insurance Portability and Accountability Act (“HIPAA”). While...more
To round out this series on right-sizing a privacy program, our last stop is thinking about the impact of working with third parties. There are many legal requirements to assess and/or to address in third party contracts when...more
1/29/2021
/ Business Development ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Standard Contractual Clauses ,
Strategic Planning ,
Third-Party
The Federal Trade Commission recently entered the biometric fray. It settled with a now-defunct photo-storage app over its use of facial recognition technology. According to the FTC, the company engaged in a variety of...more
As it closed out 2020, the Federal Trade Commission (FTC) sent out requests to nine social media and video streaming companies asking them to provide more information about how they treat consumer information. The FTC...more
Apple has launched, in connection with other privacy changes in iOS 14, a requirement for privacy “nutrition labels.” The labels are required for new and existing apps, and are in addition to the existing requirement of...more
12/1/2020
/ Apple ,
Cell Phones ,
Data Collection ,
Data Privacy ,
Disclosure Requirements ,
iPhone Tracking ,
Mobile Apps ,
Mobile Devices ,
Nutrition Facts Labels ,
Privacy Policy ,
Questionnaires ,
Third-Party ,
UDAAP
By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would...more
In this remote era, companies are increasingly being approached by their business teams with ideas about products and services that involve video or audio recordings of their consumers. It may also involve letting people...more
HyperBeard, the makers of several children’s mobile apps (including KleptoCats), recently settled with the FTC over failure to obtain verifiable parental consent before collecting children’s personal information online, in...more
The Network Advertising Initiative, which provides guidance to advertisers who engage in personalized advertising, updated its Code of Conduct (2020 Code) earlier this year to address, inter alia, data collected offline and...more
Joining Vermont, California will now require data brokers to register with the California Attorney General. The law was signed October 11, 2019. It applies to companies that “knowingly” collect and sell personal information...more
10/14/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Brokers ,
Data Collection ,
E-Commerce ,
Governor Newsom ,
Privacy Laws ,
Registration Requirement ,
State Attorneys General ,
State Data Privacy Laws
One of the CCPA amendments that has gone to the governor’s desk is AB 1564, which addresses the methods companies must make available to consumers to exercise their rights under CCPA. Businesses which operate exclusively...more
10/4/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Data Subjects Rights ,
Email ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Proposed Amendments ,
Toll-Free Numbers ,
Websites
One of the amendments we’ve been watching over the past months is one that impacts rights of employees -both the company’s and other company’s employees. Under AB25, which passed the California Senate and is now awaiting...more
New York recently passed the SHIELD Act, which, among other things, newly establishes data security requirements for companies that collect private information about New York residents. The data security protections required...more
8/27/2019
/ Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
New Legislation ,
Personally Identifiable Information ,
Policies and Procedures ,
Security Risk Assessments ,
SHIELD Act ,
State Data Breach Notification Statutes
Global corporations will soon have another privacy law acronym to address. In one year (August 2020), Brazil will join the fray with its own general privacy law, the Lei Geral de Proteção de Dados Pessaoais (General Data...more
8/21/2019
/ Brazil ,
Data Collection ,
Data Controller ,
Data Privacy ,
Data Processors ,
Data Protection ,
Data Protection Authority ,
Data Security ,
Data Subjects Rights ,
New Legislation ,
Personally Identifiable Information ,
Privacy Laws
The Federal Trade Commission is requesting comments and input on the effectiveness of the 2013 amendments it made to the Children’s Online Privacy Protection Rule. Although the FTC typically reviews its rules every ten years,...more
7/29/2019
/ Amended Rules ,
Comment Period ,
Cookies ,
COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Federal Trade Commission (FTC) ,
Online Safety for Children ,
Parental Consent ,
Personal Information ,
Public Comment
The FTC recently settled with LightYear Dealer Technologies, maker of DealerBuilt software, over allegations that the company failed to provide adequate protection for the personal data it houses. The companies’ clients...more
6/25/2019
/ Car Dealerships ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Processors ,
Data Protection ,
Data Security ,
Data Storage ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Hackers ,
Personally Identifiable Information ,
Safeguards Rule ,
Section 5 ,
Security Risk Assessments ,
Settlement
Nevada recently amended its existing online privacy law to give Nevada residents the ability – in certain circumstances – to opt out of the sale of their data to third parties. The amendment goes into effect October 1, 2019,...more
6/21/2019
/ Amended Legislation ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Use Policies ,
Data-Sharing ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Website Owner Liability
The Online Interest Based-Advertising Accountability Program, which enforces privacy principles for digital advertising, recently announced its 100th action. In announcing this landmark, the Accountability Program looked back...more
6/4/2019
/ Advertising ,
Behavioral Advertising ,
Consent ,
Cross-Device ,
Data Collection ,
Data Privacy ,
Enforcement Actions ,
Mobile Devices ,
Notice Requirements ,
Online Advertisements ,
Online Interest-Based Advertising Accountability Program ,
Opt-Outs ,
Regulatory Requirements ,
Web Tracking
California legislators have passed many bills to amend the California Consumer Protection Act since the law was passed. Last week there was significant developments in the status of those bills, as we reported. In addition to...more
5/29/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Rights ,
Data-Sharing ,
Pending Legislation ,
Personal Data ,
Personally Identifiable Information ,
Privacy Laws ,
Private Right of Action
The ICO first began its examination of Bounty UK Ltd. (a support club for parents) when the ICO was investigating the data brokerage industry generally, of which it viewed Bounty as taking part (given that it shared member...more
4/18/2019
/ Consent ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data-Sharing ,
Information Commissioner's Office (ICO) ,
Notification Requirements ,
Personally Identifiable Information ,
Privacy Policy ,
UK
In response to the concern of many that the definition of consumer is so broad as to cover employees, a bill has been introduced in California to exclude employees from the scope of CCPA. As those who have been following CCPA...more
The French CNIL (the country’s data protection authority) has released rules for how companies can use the biometric information of their employees. Fingerprint scanning is a popular method for “clocking in” around the globe,...more
4/3/2019
/ Biometric Information ,
CNIL ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Protection Authority ,
Data Security ,
Employee Privacy Rights ,
Employer Liability Issues ,
General Data Protection Regulation (GDPR) ,
New Rules
Canada’s new guidelines for obtaining consent under PIPEDA are now in effect. Last year federal Office of the Privacy Commissioner and the Alberta and British Columbia Offices of the Information and Privacy Commissioner...more