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Practical Approaches to the CCPA

The California Consumer Privacy Act of 2018 (as amended, including by the California Privacy Rights Act, the “CCPA”) was drafted by a privacy rights activist, initially passed and later amended multiple times by the...more

Practical Approaches to the CCPA

The California Consumer Privacy Act of 2018 (as amended, including by the California Privacy Rights Act, the CCPA) was drafted by a privacy rights activist, initially passed and later amended multiple times by the California...more

Data Minimization Under the CCPA

The California Consumer Privacy Act of 2018 as initially adopted (or subsequently amended until 2020) did not contain the principle of data minimization. A requirement to minimize data collection was, however, added by the...more

Texas Joins the State Privacy Law Landscape on July 1, 2024: The Texas Data Privacy and Security Act

Effective July 1, 2024, Texas will join California, Colorado, Connecticut, Delaware, Indiana, Iowa, Montana, New Jersey, Oregon, Tennessee, Utah and Virginia, with a new, general consumer privacy statute the Texas Data...more

California’s Draft Proposed Regulations on Cybersecurity Audits

Although not yet the subject of the formal rulemaking process, the California Privacy Protection Agency (the “CPPA”) has released draft proposed regulations for cybersecurity audits required by Section 1798.185(a)(15)(A) of...more

Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern

On February 28, 2024, by Executive Order (“EO”) 14117, President Biden issued “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The EO directs...more

Challenging Recent Developments for Incident Response

The United States is on track to see a record number of data breaches in 2023 and state regulators are paying attention. The swift action required by victim companies includes containment and elimination of the threat, and...more

New Mechanism for Cross-Border Data Transfer: The EU-U.S. Data Privacy Framework

On June 10, 2023 the European Commission (the “Commission”) issued an adequacy decision on the new EU-U.S. Data Privacy Framework (the “DPF”). The decision restored free transfer of data between the EU and U.S. after three...more

U.S. State Privacy Laws: California, Colorado, Connecticut, Delaware, Indiana, Iowa, ‎Montana, Oregon, Tennessee, Texas, Utah,...

In 2023, new consumer privacy laws will be effective in California, Colorado, Connecticut, Utah, Virginia. Other laws from the states of Delaware, Indiana, Iowa, Montana, Tennessee, Oregon, and Texas were signed this year and...more

The CPRA: A Missed Deadline Gives ‎Companies a Break

The California Privacy Rights Act of 2020 (“CPRA”), which voters approved in November 2020, expanded consumers’ protections under the California Consumer Privacy Act of 2018 (“CCPA”). While the CPRA introduced new consumer...more

Lessons From the GDPR on the Sunset of the CCPA’s Personnel and B2B ‎Exemptions

As of January 1, 2023, the personal information of personnel (including job applicants, employees, officers, directors and contractors), and of business to business contacts, is subject to the California Consumer Privacy Act...more

Waiting on Guidance From the CPPA. What to Do in the Meantime?

Last fall, we provided an update on the state of the regulations promulgated under the California Consumer Privacy Act (CCPA). At the time, we identified key gaps in the current regulations, specifically the lack of guidance...more

State Privacy Update – Iowa, California, and the NAIC

Iowa Joins the Consumer Privacy Party - On March 28, 2023, Governor Kim Reynolds signed a new Iowa consumer privacy statute to be effective January 1, 2025, the Iowa Consumer Data Protection Act, joining California,...more

U.S. State Privacy Laws in 2023: California, Colorado, Connecticut, Utah and Virginia

In 2023, new consumer privacy laws will be effective in California, Colorado, Connecticut, Utah, and Virginia. These laws will come online throughout the year as follows...more

California Privacy Fall Update: Proposed Regulations and Fading Exemptions

The California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”) has had some major developments over the summer. On July 8, 2022, the California Privacy Protection Agency (California’s privacy...more

California’s Looming Privacy Deadline for Personnel and B2B Data

Key Takeaways: CCPA exemptions set to expire on January 1, 2023, for the personal information of: • “Personnel” (employees, job applicants, officers, directors, owners, medical staff members, and independent...more

Privacy Is the Buzz in the Beehive State: Utah's Consumer Privacy Act

As was widely predicted in the wake of the California Consumer Privacy Act, comprehensive privacy legislation continues to ripple out across the various states in 2022. Utah has become the fourth state, joining California,...more

Emerging Requirements for Data Protection Impact Assessments

Under the emerging regime of privacy laws in the U.S., businesses must prepare to assess the protection of certain information in view of proposed data processing activities, beginning with the new laws to be effective in...more

Evolving Privacy Requirements in the U.S.: What to Do for 2022?

Addressing the evolving landscape of privacy laws will be at the top of the list of New Year’s resolutions for those doing business in the U.S. Businesses will need to assess and address changes in California privacy law, and...more

A Step Toward a Uniform State Privacy Law: The Uniform Personal Data Protection Act

This summer, following two years of work toward a model state privacy law, the Uniform Law Commission (ULC) has entered the privacy debate by adopting The Uniform Personal Data Protection Act (the “Uniform Act”) by a vote of...more

New Privacy Laws From Coast to Coast: Comparing California, Virginia and Colorado

In 2023, new consumer privacy laws will be effective in Colorado, Virginia, and California. Of these, the Colorado Privacy Act (SB 21-190 , the “CPA”) is the latest to be enacted. Effective July 1, 2023, the CPA shares many...more

CCPA Quick Update: Certain Companies Must Report Consumer Request Metrics by July 1, 2021

If your business is subject to the CCPA and (alone or in combination) bought, received, sold, or shared for commercial purposes the personal information of 10 million or more consumers (i.e., California residents) in 2020,...more

Privacy Laws Begin to Ripple Across the States Following the California Consumer Privacy Act

As we have discussed in previous articles, through the California Consumer Privacy Act (CCPA), California has set new privacy standards, granted new consumer rights, and imposed new obligations on businesses. Although clearly...more

California Privacy Developments: The CPRA

Having set a new standard for privacy in the United States with the California Consumer Privacy Act of 2018 (the “CCPA”), California has again raised the bar for consumer privacy with the California Privacy Rights Act (the...more

CCPA Update: Final Proposed Regulations

On June 1, 2020, the Office of the California Attorney General submitted the final proposed regulations package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). As...more

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