The Bottom Line As we step into 2024, the privacy regulation landscape continues to evolve rapidly, presenting significant challenges for businesses. We're seeing more privacy laws from individual states, which creates a complex web of compliance requirements across different regions. Continue Reading
FCC Votes to Enact Proposed Rule to Close the Lead Generator Loophole
The Bottom Line The Federal Communications Commission (FCC) adopted a rule that is designed to close the lead generator loophole related to robocalls and robotexts. The FCC’s 4-1 vote on December 13, 2023, resulted in a change that could dramatically increase the potential for lawsuits Continue Reading
Unwrapping the FTC’s Proposed Updates to the COPPA Rule
The Bottom Line On December 20th, the FTC announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA), which was last updated in 2013. The updates are intended to respond to technological changes, provide greater protections for kids’ personal information and ensure 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
CARU’s New Metaverse Guidelines: Safeguarding Children in the Digital Frontier
The Bottom Line The Children’s Advertising Review Unit (CARU), a division of BBB National Programs, recently announced guidelines for child-directed advertising and privacy in the metaverse (the Metaverse Guardrails). Although the metaverse creates innovative, educational and entertaining Continue Reading
California’s Age-Appropriate Design Code Blocked on Constitutional Grounds
The Bottom Line The AADC was championed as a ground-breaking law that provided greater protections to children and teens online.The AADC is in jeopardy after a court concluded that certain of its provisions would likely be invalid and temporarily blocked the law.The court’s decision is a win for Continue Reading
California’s “Delete Act” Takes Aim at Data Brokers
The Bottom Line California is poised to enact a one-stop global deletion request option that all “data brokers” operating in the State would be required to follow. The “Delete Act” would amend certain aspects of the existing Data Broker Registration law (the 2019 Act) and empower the Continue Reading
Third Time’s A Charm – Adequacy Decision for EU-U.S. Data Privacy Framework Adopted by European Commission
The Bottom Line After both the U.S.-EU Safe Harbor Framework and EU-U.S. Privacy Shield Framework were invalidated by European courts, businesses are hopeful that the new Data Privacy Framework will be the one that finally survives legal scrutiny.Businesses dealing with cross-border transfers of 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
Google Makes Changes Ahead of July 1 CPRA Enforcement Date
The Bottom Line To comply with the California Privacy Rights Act (CPRA), Google is changing its restricted data processing (RDP) policy and will no longer offer the service to advertisers conducting cross-context behavioral advertising as of July 1, 2023.In such cases, Google will no longer act Continue Reading