On April 22, 2026, the Federal Trade Commission will begin enforcing compliance with its most recent amendments to the Children’s Online Privacy Protection Rule (the COPPA Rule). As discussed in more detail below, the FTC published amendments in a 2025 final rule that, among other updates, expands the scope of the COPPA Rule, expands notice requirements, and requires specific data retention and information security policies and procedures.

Continue Reading Enforcement Begins Soon for Significant COPPA Rule Amendments

In the payments world, commentators note Illinois’ recent Interchange Fee Prohibition Act, which prohibits charging interchange fees on the tax or tip portions of processed transactions.

Key portions of the law take effect July 1.

Continue Reading Payments and Privacy – What Issues Should Payment Service Providers Be Paying Attention To?

As previously reported, states such as California, Louisiana, Texas and Utah have adopted App Store Accountability (ASA) Laws. These new laws require app store operators (e.g., Apple and Google) along with app developers (i.e., the business that owns the app) to implement safeguards for age verification. While these laws are framed as child-protection measures, their impact is universal. Every app must comply, regardless of its audience. For businesses, meeting the requirements outlined in ASA Laws is mandatory for apps to remain available for download.

Louisiana, Texas and Utah’s laws are similar and take effect at various points in 2026, while California’s Digital Age Assurance Act (CA ASA Law) is unique and takes effect January 1, 2027. This is what businesses should know about the unique features of the CA ASA Law.

Continue Reading A Deeper Dive Into California’s App Store Accountability Law

The Federal Trade Commission (FTC) is once again taking aim at its Negative Option Rule, signaling a renewed effort to address deceptive subscription and automatic renewal practices.

On March 11, 2026, the FTC released an Advance Notice of Proposed Rulemaking (ANPRM) seeking input on whether the rule should be updated to reflect today’s subscription‑driven marketplace. The agency emphasized that negative option programs continue to generate substantial consumer frustration, including more than 100,000 complaints over the past five years.

Continue Reading FTC’s Negative Option Rule Revived – Public Comment Period

From California to Texas to Ohio, lawmakers are increasingly turning to age-verification requirements to protect children online. These laws target a range of concerns, with a growing body of research suggesting that certain online activities may pose risks to children’s mental health and well-being.

At the same time, privacy laws continue to proliferate across the United States, many of which emphasize data minimization and limitations on the use of sensitive personal information. This creates a growing tension. Protecting children online may require companies to collect more personal data than they otherwise would, and potentially subject themselves to additional privacy requirements and consumer concerns.

Continue Reading Collection for Protection: The Age-Verification Paradox

The use of AI in hiring and employment contexts has become a special area of interest for U.S. state legislatures in recent years. Does your business utilize AI solutions for recruiting, hiring, or other HR-related functions? Are these teams planning on implementing such technologies to increase efficiency?

Several states have enacted laws specifically regulating the use of AI in these contexts. Human resources and hiring teams need to ensure that current and planned AI use is understood and that new legal risks are identified and addressed.

Continue Reading The Use of AI in Interviewing, Hiring, and HR

The Video Privacy Protection Act (VPPA), signed into law by President Ronald Reagan on November 18, 1988, grew out of one of Washington’s more underwhelming privacy scandals. During Judge Robert Bork’s Supreme Court confirmation hearings, a newspaper published his video rental history, which had been leaked by a video store clerk. This incident was intended to reveal his character but revealed nothing too controversial; the Bork Tapes showed that Judge Bork was partial to Alfred Hitchcock films, spy thrillers, and British costume dramas. Indeed, the enduring legacy of the Bork Tapes was not salacious, but legislative— the episode sparked bipartisan concern that something as personal as an individual’s viewing habits could be exposed without consent. In response, Congress moved swiftly to pass the VPPA, a law designed to shield Americans from unwarranted intrusions into their video rental and viewing records.

Continue Reading Defining “Consumer” in the Digital Age: The Supreme Court Takes Up the VPPA Divide

Under new regulations effective January 1, 2026, California regulators now expect businesses to conduct an annual “cybersecurity audit” that assesses “how the business’s cybersecurity program protects personal information from unauthorized access, destruction, use, modification, or disclosure; and protects against unauthorized activity resulting in the loss of availability of personal information.”

Now is the time to prepare for these requirements.

As explained below, these requirements are detailed and contemplate a rigorous, professional, independent, evidence-based audit. Audit results must be shared with the California regulator under penalty of perjury.

Continue Reading Understanding California Cyber Audit Requirements

Under newly implemented regulations of the California Consumer Privacy Act (CCPA), California now requires a formal risk assessment “before initiating any processing activity” of certain (sensitive) sorts. The regulation explicitly contemplates that businesses will complete risk assessments now, in 2026.

Eventually, such risk assessments – including those completed this year – must be signed by an executive and submitted to the California regulator under penalty of perjury.

Continue Reading New CCPA Risk Assessment Requirements Now In Effect