Many expect that deal activity will increase in 2025. As we approach the end of the first quarter, it is helpful to keep in mind privacy and data security issues that can potentially derail a deal. We discussed this in a...more
In the waning days of the Biden administration, the FTC published an update to its COPPA Privacy Rule. The status of this update, however, is unclear. The revisions to the rule were posted on the FTC website prior to the...more
The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice...more
On November 12, the CFPB released a report analyzing federal and state-level privacy protections for consumer financial data.
The current federal framework for financial data privacy relies on the Gramm-Leach-Bliley Act...more
On October 16, the FTC announced that it has finalized its “click to cancel” rule, that will require sellers to make it much easier for consumers to cancel subscriptions. The final rule is part of the FTC’s ongoing review of...more
Those tracking CIPA litigation are familiar with the recent decision holding in favor of a company whose site had an online chat operated by a vendor. The court in that case held (1) that the company had not violated the...more
California has been active in the kids space. First, the Ninth Circuit’s recently ruled on the California’s Age-Appropriate Design Code Act. Second, the governor has just signed a new law aimed at social media sites....more
The Children’s Advertising Review Unit recently settled with KidGeni – a generative art platform intended for children- for allegedly violating both CARU’s guidelines and COPPA. According to CARU, which is a self-regulatory...more
8/19/2024
/ Artificial Intelligence ,
CARU ,
Class Action ,
COPPA ,
Data Collection ,
Enforcement ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Online Platforms ,
Parental Consent ,
Personal Information ,
Privacy Laws
New York’s governor recently signed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act. Although signed, the law will not be effective until after the New York Attorney General creates implementing regulations. The law...more
Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight...more
4/24/2024
/ First Amendment ,
Florida ,
Legislative Agendas ,
Minor Children ,
Minors ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Laws ,
Regulatory Agenda ,
Social Media ,
State and Local Government ,
State Privacy Laws ,
Web Tracking
As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most...more
ARTIFICIAL INTELLIGENCE -
What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023
Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
2/7/2024
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
Cross-Border Transactions ,
Cybersecurity ,
Data Breach ,
Data Brokers ,
Data Privacy ,
Data Protection ,
Data Security ,
Healthcare ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Online Safety for Children ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
The CPPA, the California regulatory body charged with enforcing CCPA, recently released draft regulations for use of automated decisionmaking technology. The draft comes under the law’s requirements for the agency to issue...more
12/21/2023
/ Automated Decision Systems (ADS) ,
California ,
California Privacy Protection Agency (CPPA) ,
New Regulations ,
Personal Information ,
Privacy Laws ,
Proposed Regulation ,
Proposed Rules ,
State Privacy Laws ,
Technology Sector ,
Tracking Systems
The Children’s Advertising Review Unit (CARU) released new guidelines for interacting with children in the metaverse: Building Guardrails for Child-Directed Advertising & Privacy in the Metaverse. The guardrails are intended...more
A California judge recently entered a temporary injunction delaying the California Age-Appropriate Design Code Act. The trade association, NetChoice, requested the injunction....more
On June 20, the CFPB published a blog discussing its response to public concerns about workers’ privacy and the risks associated with automated workplace surveillance technology. Automated workplace surveillance technology...more
Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts...more
The Utah legislature recently passed SB 152 and HB 311. While these two bills will primarily impact those who are “social media” entities under the law, they may have broader impact when the majority of their requirements...more
Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserve to know, while at the same...more
The California AG announced an investigative sweep of mobile apps, as we reported in our sister blog. The investigative focus is on companies in the retail, travel and food service industries who may not be complying with the...more
California Attorney General Rob Bonta recently announced a new privacy investigative sweep. The AG is sending letters to businesses with mobile apps that have failed to follow the California Consumer Privacy Act (CCPA)....more
The Children’s Advertising Review Unit recently found that Tilting Point Media violated COPPA and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy. Tilting Point is the operator of the...more
Recently, the Federal Reserve Board (Fed) published its annual Cybersecurity and Financial System Resilience report describing measures it has taken to strengthen cybersecurity in the financial services sector, including the...more
The FTC recently took two well-publicized steps in the children’s privacy space. First, it penalized WW International (formerly, Weight Watchers) and its subsidiary, Kurbo, for alleged COPPA violations. Second, it unanimously...more
5/31/2022
/ COPPA ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Mobile Apps ,
Online Safety for Children ,
Parental Consent ,
Personally Identifiable Information ,
Websites
The Children’s Advertising Review Unit recently settled with TickTalk Tech, LLC over its information collection practices. CARU, a self-regulatory body that reaches voluntary settlements with companies, conducts regular...more
4/15/2022
/ Advertising ,
CARU ,
Children's Online Games ,
COPPA ,
Data Collection ,
Data Privacy ,
Disclosure ,
Mobile Apps ,
Parental Consent ,
Personal Information ,
Privacy Policy