New Requirements Include Identifying Specific Third Parties to Whom Businesses Disclose Data and Consent for Targeted Advertising to Teens

Texas, Oregon, and Delaware are the latest states to join the growing landscape of comprehensive data privacy laws, adding to the many state privacy laws that were passed this year.1 On June 18, 2023, Governor Greg Abbott signed the Texas Data Privacy and Security Act. On July 18, 2023, Governor Tina Kotek signed Oregon Senate Bill 619, referred to as the Oregon Consumer Privacy Act. Similarly, on June 30, 2023, the Delaware legislature passed the Delaware Personal Data Privacy Act. In doing so, Texas and Oregon officially became the 10th and 11th states, respectively, to enact a comprehensive privacy law. Assuming Governor John Carney also signs the Delaware Personal Data Privacy Act, his state would join as the 12th with that status. All three of the most recent laws are substantially similar to the prior state comprehensive consumer privacy laws, but they each include some key particularities that companies should be aware of as they plan their compliance strategies.Continue Reading Texas, Oregon, and Delaware Join the Comprehensive U.S. State Privacy Law Landscape

ThinkstockPhotos-455670115-webBeginning January 1, 2016, the recently-enacted “Delaware Online Privacy and Protection Act”1 (DOPPA) will take effect and will impact all companies with online services used by Delaware residents. DOPPA consists of three separate online privacy laws: (1) a law prohibiting certain types of online marketing or advertising to minors;2 (2) a law requiring commercial websites and online services to post privacy policies;3 and (3) a law restricting government access to user records kept by online book service providers.4 The laws are substantively similar to online privacy laws already in effect in other states, and are particularly similar to laws in effect in California. The Consumer Protection Unit of the Delaware Department of Justice can enforce DOPPA’s three laws under the same provisions that it enforces other state consumer protection laws.5 DOPPA does not create a private right of action for any of the three laws.6
Continue Reading Delaware Enacts New Online Privacy Laws