The Bottom Line Vermont’s law governing data brokers takes effect in a few days.If you think you are a data broker who falls within the law, now is the time to take all steps necessary to comply. With only days to go before Vermont’s data broker regulation law takes effect, the Vermont 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
New Law Creates Data Breach Safe Harbor for Companies With Written Security Programs
The Bottom Line While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, Continue Reading
California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment
The Bottom Line California continues to take the most active role of any state in regulating privacy and imposing obligations on businesses. With the upcoming January 2020 deadlines for the CCPA and the proposed IoT law, business should continue — or begin, if they have not already done so — their Continue Reading
Employers Beware: New EU Data Law May Impact Employee Benefits
The Bottom Line GDPR is already in effect and fines could be levied for non-compliance. U.S. based employers should work with their legal counsel to review their plan participant population to determine whether GDPR applies and to ensure that GDPR's requirements are satisfied. May 25, 2018 was 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
California Has a New Privacy Law. It Could Have Been Much Worse
The Bottom Line The Act becomes operative on January 1, 2020. In the meantime, the Attorney General will issue more detailed regulations.Nevertheless, companies doing business in California that collect consumers’ personal information — online or otherwise — should begin considering how to comply Continue Reading
Vermont Enacts First U.S. Law Governing Data Brokers
The Bottom Line The Vermont data broker registration requirement commences on January 1, 2019, giving data brokers subject to the law some time to become familiar with its requirements and to begin compliance efforts. After years of talking about data brokers, the first law in the nation to broadly Continue Reading
Two Bills Introduced in U.S. Senate Seek to Enhance Consumer Privacy Protections
The Bottom Line With the Facebook data breach, GDPR, and security issues attracting much attention these days, Congress has introduced two bills aimed at providing broader consumer privacy protections: The CONSENT Act and the Social Media Privacy Protection and Consumer Rights Act of 2018. While Continue Reading
U.S. Ad Tech Companies Collecting EU Data Must Prepare for the GDPR
The Bottom Line With fines that can reach up to €20 million or 4% of worldwide annual revenue, the cost of non-compliance under the GDPR could be much more significant than it has been under the prior data privacy framework in the EU. With a little more than one month before the GDPR becomes Continue Reading