News & Analysis as of

Enforcement Authority Federal Trade Commission (FTC) Data Privacy

BakerHostetler

The Protecting Americans’ Data from Foreign Adversaries Act - What Digital Advertisers, Publishers and Ad Platforms Need To Know

BakerHostetler on

The Protecting Americans’ Data from Foreign Adversaries Act (PADFA or the Act) was signed into law by President Joe Biden on April 24 as part of a larger foreign aid appropriations bill. Although other portions of the...more

Jones Day

FTC Seeks to Strengthen Privacy Protections of Children Online

Jones Day on

On December 20, 2023, the Federal Trade Commission ("FTC") announced a Notice of Proposed Rulemaking ("NPRM") to revise the Children's Online Privacy Protection Act ("COPPA") Rule to reduce the amount of information...more

WilmerHale

FTC Emerges as Leader in Health Privacy Enforcement

WilmerHale on

Over the past year, the Federal Trade Commission (FTC) has emerged as a leading actor in the health privacy enforcement space, spearheading enforcement actions, policy statements, and regulatory changes all aimed at...more

Latham & Watkins LLP

EU-US Data Privacy Framework Goes Live: What Are the Practical Implications?

Latham & Watkins LLP on

The new framework provides an additional route for personal data transfers from the EEA to the US. On 10 July 2023, the European Commission (EC) took the final step to enable businesses to start relying on the new EU-US...more

WilmerHale

FTC Continues Enforcement Focus on the Use and Disclosure of Health Information for Advertising

WilmerHale on

On Thursday, March 2, the FTC announced an enforcement action against BetterHelp, Inc., an online mental health counseling service, relating to claims that the company’s collection and use of consumer health data were unfair...more

Benesch

Warning from FTC Regarding Scope of Health Breach Notification Rule

Benesch on

As the collection and use of health data drastically expands, the agency issued a recent guidance to officially put health apps and connected medical devices “on notice.” On September 15, the Federal Trade Commission...more

Latham & Watkins LLP

FTC Chair Rebecca Slaughter Outlines Data Privacy Enforcement Agenda

Latham & Watkins LLP on

Slaughter discusses the FTC’s priorities under the new administration, including ed-tech, health apps, and racial equity. On February 10, 2021, in her first major speech as acting chair of the Federal Trade Commission...more

Orrick, Herrington & Sutcliffe LLP

Pending U.S. Supreme Court Cases May Restrict FTC’s Pursuit of Monetary Relief in Privacy and Cybersecurity Matters

Earlier this month, the U.S. Supreme Court agreed to hear a pair of cases that provide it with the opportunity to severely restrict the Federal Trade Commission’s (“FTC’s”) authority to obtain equitable money relief in...more

Tucker Arensberg, P.C.

Proposed Legislation for Security in the Digital Age

Tucker Arensberg, P.C. on

Do we need a new government agency tasked with protecting the data of American citizens? Senator Kirsten Gillibrand believes that we do. On February 12, 2020, Senator Gillibrand announced her proposed legislation titled “The...more

Fenwick & West LLP

Influencer Marketing: Top Business and Legal Considerations for 2020

Fenwick & West LLP on

Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a marketing channel. In addition, marketers are grappling with how to ensure that they and...more

WilmerHale

Senate Commerce Committee Holds Hearing on Federal Privacy Legislation

WilmerHale on

As many businesses occupy themselves with coming into compliance with the California Consumer Privacy Act (CCPA) before the law’s effective date of January 1, 2020, Congress is renewing discussion of a possible comprehensive...more

Akin Gump Strauss Hauer & Feld LLP

Latest Congressional Efforts to Enact Privacy Legislation

• On October 17, Senator Ron Wyden (D-OR) introduced legislation to establish baseline privacy and cybersecurity protections and issue fines to companies and criminal penalties to senior executives. • The New Democrat...more

WilmerHale

Senate Holds Hearing on Consumer Perspectives as Congress Continues to Develop Federal Privacy Legislation

WilmerHale on

On May 1, 2019, the Senate Commerce Committee held a hearing on “Consumer Perspectives: Policy Principles for a Federal Data Privacy Framework”—the Committee’s third hearing during this session discussing principles for...more

Epiq

How the FTC’s Next Moves will Impact Pending and Future Cyber Security Disputes

Epiq on

Privacy protection is an issue that will always be at the forefront of the legal world. Consumers expect that companies will protect their medical and other private identifying information. While the increase in digital data...more

Foley Hoag LLP - Security, Privacy and the...

Cybersecurity 2017 – The Year in Preview: Changes Afoot in Federal Enforcement?

Editor’s note: This is the sixth and last in our end-of-year series. See our previous posts on trade secrets, state regulation and law enforcement, HIPAA compliance, emerging threats, and energy. See you in 2017! ...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015

Third Circuit Affirms FTC's Power to Regulate Data Security Practices - Affirming the power of the Federal Trade Commission to regulate corporate cybersecurity, the Third Circuit Court of Appeals held that the agency...more

Nossaman LLP

It’s Official: FTC Has the Authority to Police Cybersecurity

Nossaman LLP on

In a resounding win for the Federal Trade Commission (“FTC”), the Third Circuit unanimously affirmed the FTC’s power to regulate cybersecurity under the unfairness prong of the FTC Act (15 U.S.C. §45). FTC v. Wyndham, Case,...more

King & Spalding

FTC Commissioner Says That The FTC’s Data Privacy And Security Enforcement Authority Applies To The “Internet of Things”

King & Spalding on

In a keynote address at the European Data Protection Days conference on May 4, 2015, Federal Trade Commission (“FTC”) Commissioner Julie Brill said that the FTC has enforcement authority under Section 5 of the FTC Act...more

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