The Bottom Line The emergence of generative artificial intelligence (AI) technology offers significant opportunities in the field of employee benefits, for both employers and their employees, including: Despite the promise that generative AI technology holds for benefits administration, Continue Reading
Utah, Colorado and Other States Lead Groundbreaking AI Legislation in U.S.
The Bottom Line With the rapid introduction of increasingly powerful artificial intelligence (AI) technologies, regulators, consumers and even industry participants are seeking to establish a clear regulatory framework. While the European Union recently enacted the AI Act, which will both Continue Reading
The Maryland Online Data Privacy Act: Familiar Requirements, but Stricter Sensitive Data Mandates
The Bottom Line Maryland’s Legislature passed the Maryland Online Data Privacy Act of 2024 (MODPA) on April 6, 2024. While MODPA carries many similarities to other comprehensive state data privacy laws, it has some stricter parameters around the sharing of sensitive data. Pending Governor Continue Reading
U.S. House Unveils the Latest Attempt at a U.S. Privacy Law: The American Privacy Rights Act
The Bottom Line The United States is among the minority of large economies in the world without a comprehensive national privacy law. In the absence of such a law, numerous states are filling the void with a complex assortment of often inconsistent privacy laws. However, unexpected Continue Reading
The Garden State Has a New Privacy Law (You Got a Problem With That?)
The Bottom Line On January 16, 2024 Governor Phil Murphy signed into law New Jersey Senate Bill 332 (SB332). The new law will go into effect on January 15, 2025. New Jersey joins 12 other states that have passed comprehensive privacy laws. Threshold Requirements SB332 applies to Continue Reading
U.S. Data Broker Legislation Expands to Include Texas and Oregon
The Bottom Line Four states now have laws that create rules and registration requirements for data brokers. While initially limited to Vermont’s 2018 Data Broker Act and California’s 2019 law, amended by the Delete Act on October 10, 2023, Texas and Oregon recently passed their own laws. Continue Reading
An (Im)Perfect 10: Indiana, Tennessee, Montana & Texas Pass Consumer Privacy Laws
The Bottom Line There are now 10 states with comprehensive privacy laws, with more on the way.Without federal legislation, a patchwork of state laws may be the standard going forward, much in the same way that data breach notification laws eventually became ubiquitous at the state level. In Continue Reading
The Warnings Were Real: FTC Takes Action Against Ed Tech Company for COPPA Violation
The Bottom Line The legal responsibility for complying with COPPA remains with the ed tech provider — not schools, students or parents.Ed tech providers may rely on schools to authorize data collection in lieu of parental consent only if the information collected from children is used solely for Continue Reading
WireWheel.io Webinar | California Privacy and the Expanding Scope of What is a “Sale” of Data
On October 27, Gary Kibel, Davis+Gilbert Privacy + Data Security partner will speak at a WireWheel.io webinar during a session entitled “California Privacy and the Expanding Scope of What is a “Sale” of Data.” Session Overview The recent enforcement action against Sephora by the Continue Reading
Colorado Privacy Act Draft Rules Issued
Update The Colorado Attorney General's Office released revised rules on December 21, 2022. Please refer to our alert covering the significant changes to the proposed rules. The Bottom Line The Colorado Attorney General’s Office has publicly committed to try to harmonize its consumer Continue Reading