On January 8, 2025, the second highest court of the European Union (EU), the General Court of the Court of Justice of the EU (the Court), ordered (in Bindl v European Commission, Case T-354/22) the European Commission (EC) to pay EUR 400 in damages to an individual for transferring their personal data to the U.S. without having implemented a data transfer mechanism under EU law.Continue Reading EU Court Awards Damages for Breach of EU Data Transfer Rules

Legislators and regulators across the European Union (EU) and the United Kingdom (UK) are intensifying efforts to enhance the protection of minors online, responding to growing concerns about children’s safety in the digital space. Recent regulations (including the EU Digital Services Act) and guidance impose increasingly strict obligations for providers to restrict access to harmful content for children.Continue Reading Increased Focus on the Protection of Minors and Age Verification in the EU and the UK

With Inauguration Day just around the corner, we are likely to see a host of new legislative and enforcement initiatives at the federal level. The Federal Trade Commission (FTC) will shift certain priorities under incoming Chairman Andrew Ferguson’s direction. And at the state level, legislatures and state attorneys general (state AGs) will continue to be active, enacting and enforcing a slate of new laws. As we ring in the new year, companies should be mindful of the new laws, regulations, and enforcement priorities that will likely impact them. Below are the top 10 U.S. privacy, cybersecurity, and consumer protection developments to watch out for in 2025:Continue Reading New Year, New Developments: 2025 U.S. Privacy, Cybersecurity, and Consumer Protection Predictions

On December 18, 2024, the European Data Protection Board (EDPB) published its much-anticipated Opinion on the processing of personal data in the context of AI models in light of the EU General Data Protection Regulation (GDPR).Continue Reading EU Privacy Regulators Confirm That Legitimate Interest Is a Valid Legal Basis for AI Model Training and Deployment

On December 10, 2024, President-elect Trump named FTC Commissioner Andrew Ferguson as next Chairman of the Federal Trade Commission (FTC), replacing Chair Lina Khan on January 20, 2025. As a Senate-approved sitting Commissioner, he will not need Senate approval to assume the role of Chairman. President-elect Trump also named Mark Meador as a Commissioner to fill the slot currently occupied by Chair Khan. Meador is a former staff member for Senator Mike Lee (R-UT). He has experience serving at the FTC, having spent five years at the beginning of his career working on antitrust cases at the agency.Continue Reading Shaping Consumer Protection: What to Expect from Incoming Chairman Ferguson’s FTC

On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) announced its highly anticipated and controversial proposed rule that primarily aims to bring data brokers within the scope of the Fair Credit Reporting Act (FCRA). Data brokers have long argued that they do not furnish “consumer reports,” and thus do not constitute “consumer reporting agencies” subject to the FCRA’s obligations. The CFPB catalogues the harms that have resulted from such a stance; namely, risks to national security, financial well-being, and personal safety when data brokers sell information to countries of concern, scammers, or stalkers. The proposed rule seeks to cover data brokers by clarifying key provisions within the definition of “consumer report.” The proposed rule also aims to shore up consumer protections under the FCRA by interpreting the definition of “consumer reporting agency” more broadly and permissible purposes for furnishing consumer reports more narrowly, such as consumer consent and legitimate business needs. The CFPB seeks public comment on the proposed rule, which must be received on or before March 3, 2025.Continue Reading CFPB Issues Proposed Rule to Cover Data Brokers Under the Fair Credit Reporting Act