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Zenus Franklin

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Zenus focuses on addressing a variety of business and finance matters, including data governance regulations such as GDPR, CCPA, COPPA, PCI-DSS, and state data breach notification laws. He also assists clients with internal policy development, implementation, assessment, training, and incident response management.

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We recently provided an update regarding the California Privacy Protection Agency’s modified regulations (the “Regulations”) for the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (the “CCPA”). In that update, we briefly discussed new requirements regarding website popups, including cookie banners.

The Regulations require Businesses to design and implement methods for consumers submitting CCPA requests and “obtaining consumer consent” that incorporate the following principles:

  • Language that is easy to understand;
  • Symmetry in choice, meaning the business shall not make it more difficult to exercise a more privacy-protective option than a less privacy-protective option;
  • Avoids language that is confusing to the consumer;
  • Avoids using choice architecture that impairs or interferes with the consumer’s ability to make a choice; and
  • Designed in a way that it is easy to execute.

Continue Reading Cookie Banners under the CCPA/CPRA

With less than three months until the California Privacy Rights Act goes into effect on January 1, 2023, the California Privacy Protection Agency (the “Agency”) released updated proposed regulations on October 17, 2022 (the “Regulations”).  The Regulations govern compliance with the California Consumer Privacy Act of 2018, which will be amended by the California Privacy Rights Act (collectively, the “CCPA”). The Regulations modify the initial proposed regulations that were released on July 8, 2022. We discuss the key changes from both versions below.

Important: The written comment period will not end until November 21.  Accordingly, it is possible these Regulations may change again.
Continue Reading Rush to the Finish Line: The California Privacy Protection Agency Releases CPRA Modified Regulations

On Friday, June 3, 2022, a bipartisan group of lawmakers published a discussion draft for the proposed American Data Privacy and Protection Act (the “ADPPA”).  The ADPPA is a draft bill that has yet to be introduced in the U.S. House or Senate, which means that any provision is subject to amendment.  However, even in draft form, the ADPPA is a notable advance in the efforts for a federal privacy law with sponsorship from both democrats and republicans, as well as members of the U.S. House and Senate.
Continue Reading What is the American Data Privacy and Protection Act?

It was not long ago that data privacy was an afterthought for many companies, and in some regards, it may still be an afterthought. Since 2018, major laws and regulations governing companies’ collection, use, and disclosure of personal information have been enacted, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA) (amended by the California Privacy Rights Act, and soon to be joined by similar state privacy laws in Colorado, Connecticut, Indiana, Virginia, and Utah), Strengthening American Cybersecurity Act, and state data breach notification laws.
Continue Reading The Changing Landscape of Privacy and Data Security in Mergers and Acquisitions

Recently, multiple states have enacted and passed new data privacy laws and bills (Colorado, Virginia, Utah, California Privacy Rights Act, Connecticut, Indiana, and Ohio). Rightfully so, these laws and bills have garnered much of the media attention. However, in the midst of all the new state data privacy laws, new bills regulating “data brokers” have begun to emerge. To no surprise, California is leading the way with its Data Broker Registration Law, which was enacted in 2019.
Continue Reading Am I A Data Broker?: A Quick Primer on State Laws Regulating a Growing Industry

The Colorado Privacy Act (“CPA”) takes effect July 1, 2023, and will provide express consumer rights, as well as controller and processor obligations, relating to personally identifiable information of Colorado consumers. This month, the Office of the Colorado Attorney General (the “Office”) outlined the pre-rulemaking considerations for the CPA (“Pre-Rulemaking Considerations”), in an effort to educate regulated entities on the trajectory of this new law, and how such entities may address the upcoming requirements. The Pre-Rulemaking Considerations were also forecasted in Colorado AG Phil Weiser’s address to the International Association of Privacy Professionals 2022 Global Privacy Summit.
Continue Reading Colorado AG Explains Rocky Mountain Way for Data Privacy Law

The CCPA has been up and running for a couple of years now, with changes coming in 2023 with the amendments from the Consumer Privacy Rights Act (CPRA).  While a federal law is always being teased and
other states coming online in 2023, California remains the state privacy law by which to assess and manage compliance when processing personal data.

So, as you might imagine, loads of questions and anxiety over the country’s most comprehensive state privacy regulation continue to keep us busy.  This prompted us to provide a simple 3-step process to determine if the law applies to your business (now, in 2023, or beyond), what you need to do to meet the law’s requirements, and how to begin considering a national approach to data privacy governance.  While no summary can capture every aspect of developing a compliance plan, we hope the following resources are helpful in getting your arms around managing privacy and meeting the (applicable) requirements of the California laws.
Continue Reading Breaking Down the California Consumer Privacy Act (CCPA)

In March, 2022, President Joe Biden signed the Strengthening American Cybersecurity Act (the “Act”) into law. While the Act consists of various regulations, the security incident reporting requirements for entities in critical infrastructure sectors are getting the most attention. Although the reporting requirements are focused mainly on entities in critical infrastructure, there is potential that entities in various industries could be subject to these requirements.
Continue Reading Strengthening American Cybersecurity Act of 2022

California continues to be at the forefront of data protection in the United States. In February 2022, multiple privacy bills were introduced in the California legislature’s current session. The privacy bills seek to amend and enhance the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), in regards to employee and business-to-business personal information exemptions and also personal information collected by proctors in an educational setting.

Extension to Employee and Business-to-Business Exemptions. Currently, the CPRA provides exemptions to employee personal information and the personal information that is collected in a business-to-business transaction. This exemption expires on January 1, 2023. Two bills were introduced to extend the exemptions. AB 2871 would extend the exemptions indefinitely by removing the sunset date altogether. AB 2891, however, would extend the exemptions to January 1, 2026.
Continue Reading California Privacy Update: Various Privacy Bills Introduced to the State’s Legislature

Before 2018, no state in the US had its own data privacy law. Since 2018, California, Virginia (effective January 1, 2023), and Colorado (effective July 1, 2023) have all enacted their own data privacy laws, seeking to protect consumers by giving them control over their personal information. Recently, Ohio introduced House Bill 376, “The Ohio Personal Privacy Act,” in July 2021, which does not have an effective date at this time. Now, Indiana has introduced Senate Bill 358 and is ready to join the ever-growing Privacy Party.

Introduced in January 2022, Senate Bill 358 sets forth numerous consumer data protection standards, including Indiana consumers’ rights to their personal data, the responsibilities on businesses and service providers (called “controllers” and “processors,” respectively) to protect such data, and the authority of the Indiana Attorney General to investigate and enforce violations of the new law. If the bill is passed, it will go into effect on January 1, 2025.Continue Reading Indiana Joins the Privacy Party by Introducing its Own Data Privacy Bill