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
Taxing Digital Advertisements Face Stiff Legal Challenges
The Bottom Line Attempts to tax various forms of digital activity is widespread as states look for ways to raise revenue to offset state and local budgets caused by COVID-19. Companies that engage in digital advertising and industry groups should closely monitor these developments.If Maryland is Continue Reading
Don’t Smile at the Camera — New Biometric Data Laws
The Bottom Line The confluence of privacy, security, societal and other reasons have resulted in increased scrutiny over the use of biometric data through new proposed laws. In the absence of a consistent federal standard, businesses should assess their biometric data collection and use practices Continue Reading
Data Security Legislation Is on the Rise — Marketers and Their Agencies Must Be Vigilant About Their Controls
6th Edition: Trends in Marketing Communications Law 2018 saw a surge of state data security legislation, including by Alabama, Arizona, California, Colorado, Iowa, Louisiana, Nebraska, Ohio, Oregon, South Carolina, South Dakota, Vermont and Virginia. These laws are intended to enhance and Continue Reading
States Update Data Breach Notification Laws Amidst GDPR Commotion
The Bottom Line It is clear that local and state lawmakers are making data privacy protection requirements a legislative priority. As lawmakers continue to amend or enact new data protection and data breach notification laws, it will be crucial that all affected organizations ensure their policies Continue Reading
All Bets Are Off (or On): SCOTUS Strikes Down Federal Ban on Sports Betting
The Bottom Line The Supreme Court held 6-3 that federal law prohibiting states from enacting sports betting schemes was an unconstitutional "commandeering" of state law issues by the federal government. In striking down the prohibition, the Court paved the way for states to decide for themselves 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