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Digital Media, Technology & Privacy Alert >> European Commission Marks GDPR’s Second Anniversary with a Review and Possible Updates - Alert - 07/15/2020

While GDPR was intended to harmonize data protection law throughout the EU and provide consistent controls for processing personal data, the European Commission recognizes that there are areas for improvement. The Commission is currently engaged in issuing new standard contractual clauses and updating others.

As GDPR compliance continues to evolve, companies should regularly review their data practices.

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Digital Media, Technology & Privacy Alert >> CCPA Final Regulations Submitted, IAB Tech Lab Releases Data Deletion Request Solution - Alert - 06/09/2020

  • The submission of the final regulations to the OAL now puts businesses on notice of their actual CCPA compliance obligations.
  • Businesses must ensure that they are prepared for CCPA enforcement to begin on July 1, 2020, regardless of when the final regulations actually take effect.
  • The newly released IAB Data Deletion Request Handling specification offers publishers in the digital advertising ecosystem a solution to help them comply with data deletion requests under the CCPA.

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Digital Media, Technology & Privacy Alert >> Competing Bipartisan COVID-19 Privacy Bills to Be Introduced - Alert - 06/03/2020

With pressures mounting to find new ways to fight the coronavirus and responsibly ease social distancing restrictions, the use of mobile and geolocation technologies may be key in this fight. Therefore, both The COVID-19 Consumer Data Protection Act and the Public Health Emergency Privacy Act may gain traction. Businesses need to consider existing and new privacy laws before developing or implementing any new services.

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Digital Media, Technology & Privacy Alert >> While CCPA Enforcement Looms and Regulations Are Delayed, A New Privacy Bill May Be Headed for the Ballot in California - Alert - 05/27/2020

With CCPA regulations yet to be finalized and the possibility of further changes on the horizon, CCPA compliance remains a moving target. The CPRA — which has been dubbed “CCPA 2.0” — may be headed for the November 2020 ballot in California. Businesses that collect personal information from California residents must ensure that they are prepared for CCPA enforcement to begin on July 1, 2020.

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Advertising, Marketing & Promotions Alert >> FTC Provides Guidance for Ed Tech Providers and Schools on Protecting Children’s Privacy while Remote Learning - Alert - 04/23/2020

With many schools closed through the end of the 2019-2020 academic year, children — like many others of all ages — are rapidly finding much more of their day-to-day lives taking place online. As a result, the FTC has provided guidance for ed tech providers and schools that utilize ed tech platforms to actively assure themselves that they are properly complying with COPPA.

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Digital Media, Technology & Privacy Alert >> Cybersecurity and Privacy Risks Rise with Remote Workforce - Alert - 04/03/2020

It is important for businesses to address their cybersecurity and other risks they face with a remote workforce.

Employers must stay vigilant and not become complacent as time goes on, as well as maintain regular communication with their workforce regarding safe data practices.

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Digital Media, Technology & Privacy Alert >> Second Modifications to CCPA Draft Regulations - Alert - 03/18/2020

The third version of the draft CCPA regulations from the California Attorney General have been released. However, with fewer changes this time, we are closer than ever to getting final regulations that businesses can use to guide their CCPA implementation plans.

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Digital Media, Technology & Privacy Alert >> California Proposes Revised CCPA Regulations - Alert - 02/12/2020

The second draft of the proposed CCPA regulations has some provisions that are helpful to businesses, but still leave many questions unanswered as businesses await a finalized version of the regulations. Businesses may need to reassess and adjust their already implemented CCPA compliance measures and should continue to watch for further developments.

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Digital Media, Technology & Privacy Alert >> States Are Proposing Their Own CCPA-Like Privacy Laws - Alert - 01/27/2020

CCPA was just the tipping point of comprehensive state privacy laws. Since the law took effect on January 1, 2020, bills have been introduced in Washington, Nebraska, Virginia, Florida and there have been further developments in New York. While it’s difficult to predict which, if any, of the bills may become law, the fact that more and more legislators are introducing privacy bills is a trend that we can expect to continue. In the absence of a federal privacy law, which pre-empts state laws, compliance challenges for business will continue to grow.

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Digital Media, Technology & Privacy Alert >> Privacy Updates as the CCPA Takes Effect - Alert - 01/23/2020

Privacy changes are happening at a rapid pace:

  • CCPA enforcement is just around the corner and the ad industry is already busy taking measures toward compliance.
  • The California data broker registration website has opened ahead of the initial registration deadline.
  • Google made a big announcement about third-party cookies that could have a significant effect on digital advertising in years to come.

Companies should continue to assess their data practices and those of their providers and business partners.

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Digital Media, Technology & Privacy Alert >> California Attorney General Releases Draft CCPA Regulations - Alert - 10/21/2019

The California Attorney General is accepting comments on the CCPA draft regulations until December 6 and has scheduled four public hearings on the draft in California in early December. With the January 1, 2020 effective date quickly approaching, organizations must continue to implement their CCPA compliance procedures even though these draft regulations are not yet final.

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Digital Media, Technology & Privacy Alert >> California Poised to Enact Data Broker Registration Law - Alert - 10/07/2019

The largest state in the nation has now passed the country’s second law specifically regulating “data brokers.” Any company that processes personal information of consumers with whom it does not have a direct relationship should test their business practices against the California law to determine if registration is required.

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Digital Media, Technology & Privacy Alert >> IAB Provides Framework for CCPA  - Alert - 09/26/2019

As the ad tech industry struggles with how to comply with CCPA opt-out requests come January 1, 2020, the Interactive Advertising Bureau has proposed an industry framework to allow consumer opt-outs exercised on a publisher’s site to flow down to ad tech partners, thereby converting such partners from third parties to service providers under CCPA. The solution relies primarily upon signals generated through the CCPA-required “Do Not Sell My Personal Information” link. All parties in the digital media ecosystem need to closely follow the development of this standard.

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Digital Media, Technology & Privacy Alert >> California Legislature Passes Five Bills Amending the CCPA - Alert - 09/18/2019

With a January 1, 2020 effective date looming, companies have been clamoring for clarity on the CCPA. These five amendments that were just passed by the legislature (assuming that they will be signed into law by the Governor, who has until October 13 to do so) will certainly help, though the industry is still waiting for the California Attorney General to issue implementing regulations, which are expected in the next month or two.

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Digital Media, Technology & Privacy Alert >> New York Amends Security Breach Notification Law and Imposes New Security Obligations - Alert - 08/07/2019

Companies that own or license New Yorkers’ private information must develop a data security program that is compliant with the SHIELD Act. The program should be documented in a written information security policy and other policies that are drafted specifically to reflect the company’s business, data and operations. In addition, companies should be aware that the obligation to notify an individual of a security breach has now been expanded.

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Digital Media, Technology & Privacy Alert >> New York City Bill Would Bar Sharing of Cellphone Location Data - Alert - 08/05/2019

Mobile location data is recognized by the industry and regulators as sensitive personal data. Therefore, app providers and others in the mobile ecosystem need to be aware of industry best practices and new laws targeting such data, including the recently proposed bill by the New York City Council that would make it unlawful for telecommunications and mobile app providers to share a customer’s location data that was collected while the customer’s mobile device was present in New York City.

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Digital Media, Technology & Privacy Alert >> GDPR’s Inaugural Year: Mistakes Made and Lessons Learned - Alert - 06/27/2019

In GDPR’s inaugural year, except in the case of Google, the low fines indicate that there has been a degree of tolerance for noncompliance as companies continue to determine how to become compliant. However, the past year has shown that no one is immune from regulatory scrutiny, regardless of size, location or industry. It remains to be seen whether regulators will be as forgiving of GDPR violations in year two as they were in year one.



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