On September 6, 2023, the European Commission (EC) returned from its summer break with full force and announced the designation of six tech companies as so-called “gatekeepers” under the EU’s Digital Markets Act (DMA) and published a Q&A document. The six companies are predominantly American, with one Asian company represented and no European: Alphabet, Amazon, Apple, … Continue Reading
In late June 2023, the Federal Trade Commission (FTC) announced revised Endorsement Guides to strengthen and clarify guidance for advertisers and address emerging market trends concerning the use of endorsements and testimonials in advertising. The FTC also announced a proposed rule banning fake reviews and testimonials.… Continue Reading
On July 1, 2023, the Colorado Privacy Act (ColoPA) and Connecticut Data Privacy Act (CTDPA) will go into effect, joining California and Virginia, whose data privacy laws are already in effect. Notably, while the California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA) went into effect on January 1, 2023, those amendments will also become enforceable starting … Continue Reading
On May 22, 2023, Ireland’s Data Protection Commission (DPC) published its long-awaited decision in the Meta EU-U.S. data transfer case (Decision). In its landmark Decision, the DPC imposed a record 1.2 billion EUR fine and ordered Meta Platforms Ireland Limited (Meta) to suspend any EU-U.S. transfers of personal data within approximately five months. Meta was … Continue Reading
In January 2023, the European Data Protection Board (EDPB) published a report on cookie banners (Report). The Report provides practical guidance to companies doing business in the EU on how to comply with the EU cookie rules. It deals with issues such as reject-all buttons, pre-ticked boxes, banner design, and withdrawal icons. The Report is … Continue Reading
Since the invalidation of the Privacy Shield framework in 2020 in the “Schrems II” case, the EU and the U.S. have been working to set up a new framework for data flows from the EU to the U.S. A draft of a new “Data Privacy Framework” (DPF), which is designed to serve as the basis … Continue Reading
On February 1, 2023, the European Commission (EC) published Guidance on the requirement to publish user numbers under the Digital Services Act (DSA).1 The Guidance contains important information for providers of online platforms and online search engines that are required to publish the average monthly number of recipients of their service by February 17, 2023.… Continue Reading
On February 1, 2023, the Federal Trade Commission (FTC) announced a complaint against and proposed settlement agreement (the “proposed order”) with GoodRx, a digital health company, over its data sharing practices that allegedly resulted in the disclosure of sensitive health information to third-parties. This is the first enforcement action the FTC has ever brought under the … Continue Reading
On January 27, 2023, the Colorado Attorney General’s (Colorado AG) office released the third version of its proposed draft rules (third draft) for the Colorado Privacy Act (ColoPA) based on public comments it received on the modified proposed rules published on December 21, 2022 (second draft).1 During a February 1, 2023, rulemaking hearing, the Colorado AG’s office emphasized that it … Continue Reading
Starting on June 27, 2023, online marketplaces will have to comply with a new federal law called the Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act (the “INFORM Consumers Act”).1 The Act aims to increase transparency of third-party sellers in online retail marketplaces.… Continue Reading
On January 27, 2023, the California Attorney General (California AG) Rob Bonta announced an “investigative sweep” of mobile apps in retail, travel, and food service industries for failing to provide a mechanism for—or honor—consumers’ opt-out requests to stop selling their data under the California Consumer Privacy Act (CCPA). According to the California AG’s tweet, the … Continue Reading
On December 21, 2022, the Colorado Attorney General’s office published an updated version of proposed draft rules (“modified draft rules”) to the Colorado Privacy Act (ColoPA), which revise the initial draft rules issued in October 2022, based on feedback received during the prior comment period.1 Notably, the Colorado Attorney General’s office explained that it modified some of the rules to … Continue Reading
The year 2023 promises to be another big year for privacy. In 2022, regulators focused on AI, dark patterns and aggressive remedies for allegedly deceptive and unfair data practices, such as disgorgement of algorithms developed through ill-gotten data, and these trends are likely to continue. Privacy professionals continue to focus on the privacy laws in five states coming into … Continue Reading
On November 15, 2022, the European Data Protection Board (EDPB) adopted draft recommendations (here) for data controllers when applying for approval of their binding corporate rules for international data transfers (Recommendations).… Continue Reading
On October 10, 2022, the Colorado Secretary of State published draft rules for the Colorado Privacy Act (ColoPA) in the Colorado Register, thus initiating a public comment period that will run through February 1, 2023.1 The draft rules generally cover the topics that the Colorado Attorney General’s Office identified in the April 2022 “Pre-Rulemaking Considerations for … Continue Reading
On September 15, 2022, the Federal Trade Commission (FTC) held an open Commission meeting that covered three agenda items: 1) a rulemaking on impersonation scams, 2) a policy statement on enforcement related to gig work, and 3) a staff report on dark patterns. While items (1) and (3) moved forward with a bipartisan 5-0 vote, the policy statement on the gig economy was … Continue Reading
On August 30, 2022, the California legislature passed the California Age-Appropriate Design Code Act (the Act). Modeled after the UK’s Age-Appropriate Design Code, California’s act drastically changes the landscape of online privacy and content availability for minors in California. The Act goes beyond the current federal protections of the Children’s Online Privacy Protection Act (COPPA) and could impose … Continue Reading
On August 24, 2022, the California Attorney General (AG) announced the entry of a final judgment to resolve claims that makeup retailer Sephora violated the California Consumer Privacy Act (CCPA). Notably, this is the California AG’s first enforcement action resulting in a fine and settlement under the CCPA. The California AG alleged that Sephora violated the CCPA by failing … Continue Reading
On August 11, 2022, the Federal Trade Commission (FTC) took the first step toward creating national privacy and security rules that, if finalized, would apply across most sectors of the U.S. economy. The agency unveiled an Advance Notice of Proposed Rulemaking (ANPRM), which asks for public comment on 95 questions, ranging from topics such as targeted advertising, … Continue Reading
On June 3, 2022, members of the U.S. Congress released a bipartisan, bicameral discussion draft of a comprehensive national data privacy and data security framework. The draft is notable in that it reflects a compromise on the two issues that have for years vexed lawmakers angling for federal privacy legislation: preemption and private right of … Continue Reading
On May 27, 2022, the California Privacy Protection Agency (CPPA) released a much-anticipated first draft of some of the anticipated regulations implementing the California Privacy Rights Act (CPRA).[1] The release accompanied the CPPA’s announcement of its next public meeting on June 8, 2022, where the agency will, among other agenda items, consider possible action regarding … Continue Reading
On May 19, 2022, the U.S. Department of Justice (DOJ) revised its policy regarding charging decisions under the Computer Fraud and Abuse Act (CFAA). The new policy makes clear, “for the first time,” that the DOJ “should decline prosecution” of “good faith” security research, even if said research involves a technical violation of the CFAA.1 The … Continue Reading
EU lawmakers are preparing a new Artificial Intelligence Act (AIA). Timing for adoption remains unclear, but once the AIA enters into force, it will impose strict obligations on providers and users of AI systems. In the meantime, EU regulators have started issuing fines against companies using AI systems on the basis of the EU General … Continue Reading
Connecticut became the fifth U.S. state to enact a comprehensive consumer privacy law following California, Virginia, Colorado, and Utah. On May 10, 2022, Connecticut Governor Ned Lamont signed “An Act Concerning Personal Data Privacy and Online Monitoring” (SB 6) (CPOMA).1 Substantively, CPOMA largely tracks the Colorado Privacy Act (ColoPA) and Virginia Consumer Data Protection Act (VCDPA). CPOMA’s substantive provisions … Continue Reading
