On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more
6/3/2024
/ Data Privacy ,
Data Processors ,
Data Protection ,
Data Security ,
Fair Credit Reporting Act (FCRA) ,
FERPA ,
General Data Protection Regulation (GDPR) ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Opt-In ,
Popular ,
Right of Access ,
Sensitive Personal Information ,
State Data Privacy Laws
In September 2023, Delaware became the seventh state in 2023 to enact comprehensive privacy law with the Delaware Personal Data Privacy Act (DPDPA), joining Indiana, Iowa, Montana, Oregon, Tennessee and Texas. The DPDPA will...more
5/14/2024
/ Consumer Privacy Rights ,
Covered Entities ,
Data Privacy ,
Data Protection ,
Data Protection Acts ,
Data Security ,
EU ,
Exemptions ,
General Data Protection Regulation (GDPR) ,
Legislative Agendas ,
New Legislation ,
Personal Data ,
Privacy Laws ,
Regulatory Requirements ,
State and Local Government ,
State Privacy Laws
On April 4, 2024, the Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) officially published its Notice of Proposed Rulemaking (NPRM) detailing significant new cybersecurity...more
4/24/2024
/ Critical Infrastructure Sectors ,
Cyber Threats ,
Cybersecurity ,
Data Security ,
Department of Defense (DOD) ,
Department of Homeland Security (DHS) ,
Enforcement ,
Extortion ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Incident Response Plans ,
Notice of Proposed Rulemaking (NOPR) ,
Ransomware ,
Reporting Requirements
Welcome to the March edition of Akin Intelligence. This month, the EU AI Act was approved by the European Parliament, moving one step closer to becoming the first major AI law. In the U.S., the DOJ brought criminal charges...more
4/10/2024
/ Artificial Intelligence ,
Biden Administration ,
Commercial Litigation ,
Copyright ,
Corporate Governance ,
Cybersecurity ,
Data Privacy ,
Data Security ,
EU ,
Executive Orders ,
Healthcare ,
Innovative Technology ,
Intellectual Property Protection ,
Legislative Agendas ,
Life Sciences ,
Machine Learning ,
National Security ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government ,
Technology Sector ,
UK
On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more
2/14/2024
/ Confidential Information ,
Consent ,
Data Collection ,
Data Protection ,
Data Security ,
DPPA ,
EU ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Minors ,
New Jersey ,
Opt-In ,
Opt-Outs ,
Sensitive Personal Information ,
State Privacy Laws ,
Subcontractors
On January 18, 2024, the Federal Trade Commission (FTC) discussed its long-anticipated proposed changes for the Children’s Online Privacy Protection Rule (COPPA) in an open meeting. Released in a notice of proposed...more
2/14/2024
/ Biometric Information ,
COPPA ,
Data Retention ,
Data Security ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Minor Children ,
Notice of Proposed Rulemaking (NOPR) ,
Opt-In ,
Personal Information ,
Proposed Rules ,
Third-Party
On October 30, 2023, the Biden administration released a far-reaching executive order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The EO issues directives related to the use...more
12/4/2023
/ Artificial Intelligence ,
Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Executive Orders ,
Legislative Agendas ,
Machine Learning ,
National Security ,
New Legislation ,
NIST ,
Personal Information ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Technology Sector
On May 11, 2023, Tennessee joined the rapidly growing ranks of U.S. states to enact a comprehensive data privacy law as Gov. Bill Lee (R-TN) signed the Tennessee Information Protection Act (TIPA) into law. Taking effect July...more
In a policy statement released on May 18, 2023, the Federal Trade Commission (FTC) warned of several consumer data privacy risks related to the increasing commercial use of biometrics technologies. The Commission unanimously...more
On June 18, 2023, Texas enacted the Texas Data Privacy and Security Act (TDPSA), joining the rapidly growing list of U.S. states with comprehensive data privacy laws.1 The statute will take effect on July 1, 2024, except for...more
On March 29, 2023, Iowa Gov. Kim Reynolds signed into law Senate File 262, the Iowa Act Relating to Consumer Data Protection (ICDPA). Taking effect nearly two years from now on January 1, 2025, the ICDPA makes Iowa the sixth...more
On March 15, 2023, the Colorado Attorney General (AG) finalized its set of regulations implementing the Colorado Privacy Act (CPA) – the Colorado Privacy Act Rules (“Colorado Rules”). The Colorado Rules clarify and expand...more
On April 19, 2023, the New York Attorney General (AG) published “Protecting Consumer’s Personal Information: Tips for Businesses to Keep Data Safe and Secure,” outlining data security best practices based on the AG’s...more
Growing regulatory action to combat so-called “dark patterns” used in web design to influence consumer choice has resulted in hundreds of millions of dollars in fines, and promises to continue to be an area of enforcement in...more
On February 10, 2023, the California Privacy Protection Agency (CPPA) issued an invitation for public commentary on the topics that will be included in their future rulemaking: cybersecurity audits, risk assessments and...more
On February 1, 2023, the Federal Trade Commission (FTC) announced that it had taken enforcement action against prescription drug discount company GoodRx, which agreed to injunctive relief and to pay a $1.5 million civil...more
On Tuesday, December 13, the European Commission initiated its long-awaited process towards the adoption of an adequacy decision for the European Union (EU)-U.S. Data Privacy Framework (EU-U.S. DPF), which aims to address the...more
On November 3, 2022, the California Privacy Protection Agency (CPPA) officially published modifications to the proposed regulations implementing the Consumer Privacy Rights Act (CPRA). These modified proposed regulations...more
This year has seen some substantial new data breach settlements including a $500,000 Federal Trade Commission (FTC) fine against CafePress, a $1.25 million multi-state class action settlement and $5 million New York...more
11/3/2022
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Notification Requirements ,
NYDFS ,
Personally Identifiable Information ,
Popular
Key Points -
President Biden has signed the long-awaited executive order implementing U.S. commitments to the new successor agreement to the Privacy Shield, the EU-U.S. Data Privacy Framework—a historic step in respect of...more
10/20/2022
/ Biden Administration ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Transfers ,
EU-US Privacy Shield ,
European Commission ,
Executive Orders ,
General Data Protection Regulation (GDPR) ,
International Data Transfers
Key Points -
Three of the four bipartisan leaders of the House and Senate committees with jurisdiction over data privacy have struck a deal on a comprehensive federal bill, the American Data Privacy and Protection Act,...more
In this episode, Natasha Kohne and Michelle Reed, who head Akin Gump’s cybersecurity, privacy and data protection practice, and counsel Lauren York discuss the firm’s new CCPA Litigation Annual Report – 2021 Trends and...more
With the recent signing of the Utah Consumer Privacy Act (UCPA) by Gov. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California,...more
Colorado requires businesses to take reasonable steps to protect consumer data under both the Colorado Consumer Protection Act and its landmark new data privacy law, the Colorado Privacy Act (CPA). The CPA comes into force on...more
Last week the Biden administration and the European Commission jointly announced a new trans-Atlantic data flow agreement. While no specifics have yet been made public, a recent press release gives the high-level facts of...more