The Bottom Line Two federal data privacy bills may soon be introduced before Congress — The COVID-19 Consumer Data Protection Act, introduced by Republican Senators, and the Public Health Emergency Privacy Act, introduced by a group of Democratic Senators and Representatives. The Continue Reading
Privacy Updates as the CCPA Takes Effect
The Bottom Line As companies work towards compliance with the California Consumer Privacy Act (CCPA), questions continue to arise regarding how to fully comply with the many new requirements. The CCPA is in effect, the Data Broker Registration website is live and industry organizations have Continue Reading
Google and YouTube to Pay $170 Million in Largest Ever COPPA Settlement
The Bottom Line The settlement reached by the FTC and the New York State Attorney General with Google and YouTube imposes significant costs on the companies, even beyond the record-breaking $170 million civil penalty. It is a signal to advertisers, content providers, app developers and website Continue Reading
GDPR’s Inaugural Year: Mistakes Made and Lessons Learned
The Bottom Line 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, Continue Reading
1-800 Contacts Unlawfully Restricted Competitors’ Trademark Use In Search Engine Marketing
The Bottom Line The FTC has made clear that some common online advertising methods, such as bidding on a competitor’s trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers’ access to competitive pricing information. Parties Continue Reading
Are APIs No Longer Safe To Use When Creating Mobile And Other Software Applications?
The Bottom Line Based on the decision of the Court of Appeals, software developers and programmers should understand that there is risk in using any copyrighted code, including API packages and code, without first obtaining authorization from the owner of the API or otherwise adhering strictly to Continue Reading
Recent Cases Highlight “Digital Assets” As A New Frontier in Estate Planning and Litigation
The Bottom Line New York State's EPTL now includes a provision that clarifies how matters involving digital assets are handled in estate administration. The full scope of the Act’s implications has yet to play out, but digital assets will undoubtedly affect estate planning and litigation matters Continue Reading
Appeals Court Enforces Arbitration Clause in Hyperlinked Terms & Conditions
The Bottom Line The Second Circuit’s Meyer decision reaffirms the importance of well-crafted terms and conditions for companies interacting with consumers over the Internet and via mobile apps, and that for those terms to be enforceable, access to them must be presented in a manner clear Continue Reading
Data Privacy and Security Laws Get Stronger, and Face New Challenges
4th Edition: Trends in Marketing Communications Law As data becomes more and more commoditized, domestic and international laws and regulatory actions continue to focus on privacy rights and data security. The Federal Trade Commission (FTC) has issued several reports, tools, and guidance in Continue Reading