From our base in New York, we represent a diverse range of clients across the country and around the world.

EU Regulators Rule Ad Tech Industry’s TCF Framework Violates GDPR

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The Bottom Line The EU’s decision has struck at the heart of the ad tech industry’s system designed to ensure compliance with the GDPR when personal data is collected for retargeting. The program behind the scenes when an EU data subject sees a cookie banner may require significant Continue Reading

CCPA Enforcement Priorities Include Loyalty and Rewards Programs

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The Bottom Line The California Attorney General continues to bring enforcement actions relating to the California Consumer Privacy Act (CCPA). While advertisers and marketers have generally focused on CCPA compliance with respect to privacy practices, it is important to highlight a marketing Continue Reading

Colorado Privacy Act Becomes the Third Comprehensive State Privacy Law

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The Bottom Line After passing through the Colorado General Assembly, Governor Jared Polis signed the Colorado Privacy Act (CPA) into law on July 7, 2021. Colorado is now the third state in the country — following California and Virginia — to pass comprehensive privacy legislation. Companies Continue Reading

Apple Makes Big Changes to Its Tracking System

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The Bottom Line With the launch of iOS 14.5 slated for next week, Apple’s long-awaited changes to the use of its persistent identifier known as the “Identifier for Advertisers” (IDFA) have now gone into effect. While this change has been explained by Apple as a step to protect its users’ Continue Reading

Virginia Becomes the Second State to Pass a Comprehensive Privacy Law

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The Bottom Line After passing with relative ease through Virginia’s House of Delegates and Senate, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (CDPA) into law on March 2, 2021. Virginia joins California as the only states in the nation to have passed comprehensive Continue Reading

Don’t Smile at the Camera — New Biometric Data Laws

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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

EU-U.S. Data Transfers Post Schrems II

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The Bottom Line In July, the EU-US Privacy Shield was invalidated by the Court of Justice of the European Union (the Court) (see our prior alert). While the Court upheld the Standard Contractual Clauses (SCC’s) as a sufficient transfer mechanism, it indicated that supplementary measures, Continue Reading

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