Just past midnight on May 11, 2024, the Vermont legislature passed the Vermont Data Privacy Act (VDPA). VDPA, if signed by Governor Phil Scott, will take effect on July 1, 2025, and will make Vermont the 18th state to establish consumer privacy rights in the same vein as the California Consumer Privacy Act (CCPA). Although many state consumer privacy laws feel cookie cutter at this point, VDPA contains nuances that will require companies to strategize data management intake and processing.Continue Reading While You Were Sleeping, Vermont Passed One of the Most Stringent State Consumer Privacy Laws Yet

Yesterday, the California Privacy Protection Agency (CPPA) issued its first enforcement advisory regarding the California Consumer Privacy Act (CCPA).  Enforcement Advisory No. 2024-01(the Advisory) is solely devoted to data minimalization, which the CPPA describes as “a foundational principle in the CCPA.” An enforcement advisory is not an implementing rule, regulation, or law; it is not even an interpretation of the law or legal advice. Instead, CPPA enforcement advisories are intended to be informational bulletins to inform the public about nascent legal privacy issues that CPPA is engaging with at a given time. Continue Reading California Privacy Protection Agency Issues “Minimal” Guidance on CCPA in First Enforcement Advisory

On Wednesday, February 21, 2024, California Attorney General Rob Bonta announced that his office reached a settlement with DoorDash, which addresses allegations that the company facilitated several violations of both the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA).

Following an investigation by the California Department of Justice, the CA AG’s office determined that DoorDash sold the personal information of California customers without requisite notice or an opportunity to opt-out of that sale.  The sale took place through marketing cooperatives, which are networks of businesses that share the personal information of their respective customers with one another in order for participating businesses to advertise to those same customers, regardless of any prior relationship.  In other words, by participating in marketing cooperatives and disclosing consumer personal information as part of its membership, DoorDash was able to reach new customers; in turn, the other businesses participating in the cooperative also gained the opportunity to market to DoorDash customers.Continue Reading California Delivers to DoorDash $375,000 Civil Penalty: California AG Announces Second CCPA Settlement

Tuesday, Jan. 30, 2024

11 a.m. – 12 p.m. ET

You read the news every day and maybe even receive notices yourself: data security and privacy compliance is a growing area of concern and risk for businesses. With security incidents on the rise across various industries of all sizes, as well as increased regulation of privacy and security-related issues, evaluating and addressing your current data governance program is a crucial step in protecting your business in the new year. Just

Continue Reading Webinar: 10 Privacy and Security Resolutions in the New Year

In August, India passed its long-awaited Digital Personal Data Protection Act, 2023 (“the Act”). Initially introduced in 2019, the draft bill went through several iterations before being approved by India’s Union Cabinet earlier this year. Although the Act shares many similarities to other privacy legislation, such as the EU’s GDPR and the United Kingdom’s UK GDPR, there are a few notable distinctions. While no official effective date for the law has been announced, companies should start familiarizing themselves with this new privacy law and its requirements. Here is a breakdown of what you should know.Continue Reading Breaking Down India’s Digital Personal Data Protection Act, 2023

On October 6, 2023, Snap Inc. and Snap Group Ltd. (collectively, “Snap”) received a preliminary enforcement notice from the U.K. Information Commissioner’s Office (ICO) due to a potential failure to properly assess the privacy risks posed by its generative AI chatbot, My AI.Continue Reading Snap Receives Preliminary Enforcement Notice Related to Privacy Risks Posed by AI Chatbot

Last year, we discussed the growing focus and increased regulation on data brokers nationwide, including bills in California, Delaware, Massachusetts, Oregon, and Washington. Now, California has a new bill (S.B. 362) that would revamp its requirements on data brokers and provide California residents new rights over their personal information. The bill is now on California Governor Gavin Newsom’s desk for signature. The purpose of this bill is to address differences between existing data broker requirements and the California Consumer Privacy Act (CCPA).Continue Reading California’s New Data Broker Requirements

Over the last few years, there has been an increased focus on the collection of children’s personal information in the United States. For example, many states have begun passing laws that significantly increase regulation for businesses collecting personal information from children, see our previous discussion on California’s Age-Appropriate Design Code Act. Additionally, at the federal level, the Federal Trade Commission (FTC) has increased its focus on the Children’s Online Privacy Protection Act (COPPA), specifically in the educational context.Continue Reading Children’s Online Privacy Protection Act Update! FTC Enforcement and New Parental Consent Proposal

On June 30, 2023, California Superior Court Judge James P. Arguelles held that the California Privacy Protection Agency (the “Agency”) cannot enforce any violation for the Agency’s regulations issued on March 29, 2023, under the California Consumer Privacy Act (CCPA), as amended by the California Consumer Privacy Rights Act (CPRA) until March 29, 2024. This holding stems from a petition brought by the California Chamber of Commerce (the “Chamber”) against the Agency, arguing that based on a plain reading of the CPRA’s language, enforcement cannot begin until one year following issuance of the Agency’s regulations.

Although enforcement of the Agency’s regulations are delayed, the text of the CCPA, as well as regulations enacted prior to March 29, 2023, remain in effect and enforceable. The enforcement stay solely bars the Agency from enforcing its own issued regulations under the CPRA for one year after a particular regulation is finalized.Continue Reading Not So Fast: California Superior Court Delays Enforcement of Certain CPRA Regulations

On May 19, 2023, Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (the “MTCDPA”) into law, becoming the ninth state to enact a comprehensive consumer privacy act. Montana joins California, Colorado, Connecticut, Indiana, Iowa, Utah, and Virginia with legislation that protects their residents’ personal data.

The MTCDPA will go into effect on October 1, 2024. In preparation for MCTDPA to be signed into law, companies doing business in Montana should start thinking of ways to incorporate the law’s requirements into their existing privacy policies and procedures.Continue Reading Montana Enacts Privacy Law