Privacy Policy

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On December 13, the New Mexico Attorney General announced a settlement with Google to resolve claims regarding children’s privacy, including in the burgeoning EdTech space. The federal lawsuits Balderas v. Tiny Lab Productions, et al. and Balderas v. Google LLC, respectively, alleged COPPA and privacy violations related to collection of children’s information on…

Jessica L. Rich and Laura Riposo VanDruff, Two Former Senior FTC Officials Further Bolstering Kelley Drye’s Privacy and Advertising PracticesWe are thrilled that Jessica Rich and Laura Riposo VanDruff have joined the firm’s Privacy and Advertising practice groups. Both attorneys are former top officials at the Federal Trade Commission (FTC), with Rich having served as Director of the Bureau of Consumer Protection (BCP) and VanDruff as an Assistant Director in BCP’s Division of Privacy…

Update: Governor Polis signed SB 21-190 into law on July 7, 2021, see our updated blog post here.

The Colorado Legislature recently passed the Colorado Privacy Act (“ColoPA”), joining Virginia and California as states with comprehensive privacy legislation. Assuming Colorado Governor Jared Polis signs the bill (SB 21-190) into law, ColoPA will…

Ad Law Access PodcastMany states are considering comprehensive privacy legislation in the absence of a federal law. On another much anticipated episode of the Ad Law Access podcast, Alysa Hutnik and Aaron Burstein discuss pending state privacy legislation, how we got here, and some expected future legislation. Find the episode here or wherever you get your podcasts…

California’s Office of Administrative Law approved further revisions to the Attorney General’s CCPA regulations on March 15, 2021. The revisions went into effect upon approval. In substance, the revisions are identical to the fourth set of modifications the Attorney General proposed on December 10, 2020, and make the following changes: (1) Notice for Sale of PI Collected Offline: Businesses that sell personal information collected offline must provide an offline notice by means such as providing paper copies or posting signs in a store, or giving an oral notice if collecting personal information over the phone. (2) Opt-Out Icon: The revised regulations provide that businesses may use an opt-out icon in addition to, but not in lieu of, notice of a right to opt out or a “Do Not Sell My Personal Information” link. (3) Do Not Sell Requests: A “Do Not Sell” request must “be easy for consumers to execute and shall require minimal steps to allow the consumer to opt-out.” The change prohibits businesses from using any method that is designed to or would have the effect of preventing a consumer from opting out. The revised regulation offers examples of prohibited opt-out practices, which include requiring a consumer to: (A) complete more steps to opt out than to re-opt in after a consumer had previously opted out; (B) provide personal information that is not necessary to implement the opt-out request; and (C) read through a list of reasons why he or she shouldn’t opt out before confirming the request. (4) Consumer Requests from Authorized Agents: A business may now require an authorized agent who submits a request to know or delete to provide proof that the consumer gave the agent signed permission to submit a request. The regulations also preserve the options business previously had of requiring the consumer to verify their identity directly to the business or directly confirming that they provided the authorized agent permission to submit the request. (5) Children’s Information: The addition of the word “or” in section 999.332 requires businesses that sell personal information of children under the age of 13 “and/or” between the ages of 13 and 15 to describe in their privacy policies how to make an opt-in to sale requests. We will continue to monitor closely further developments in CCPA regulations.California’s Office of Administrative Law approved further revisions to the Attorney General’s CCPA regulations on March 15, 2021.  The revisions went into effect upon approval.  In substance, the revisions are identical to the fourth set of modifications the Attorney General proposed on December 10, 2020, and make the following changes:

(1) Notice for Sale of…

On March 2, Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law, making Virginia the second state to enact comprehensive privacy legislation.

With the VCDPA on the books, companies have the next 22 months to prepare for the VCDPA and the California Privacy Rights Act (CPRA) to go into effect.  This…

The replay for our October 13, 2020 Futureproofing Privacy Programs webinar is available here.

Building a successful privacy program requires much more than compliance with data protection laws. To thrive in today’s global, data-driven environment, companies also need to understand the political environment and public attitudes surrounding privacy in the countries in which they…

The replay for our July 30, 2020 California Consumer Privacy Act (CCPA) for Procrastinators: What You Need To Do Now If You Haven’t Done Anything Yet webinar is available here.

The coronavirus pandemic has put many things on hold, but CCPA enforcement is not one of them. The California Attorney General’s enforcement authority kicked…

Kelley Drye Advertising Law Summer Webinar Series This Wednesday, July 22
Selling Online: How to Avoid Flattening the Curve of an Uptick in Website Traffic
Register Here

COVID-19 has increased the already dizzying amount of online sales, making the applicable marketing requirements increasingly important. These rules affect not just how companies advertise and promote products and services online, but also how they…

Coronavirus testing and screening procedures are central to many companies’ return-to-work plans.  Because testing and screening data is often sensitive and may help to determine whether individuals are allowed to work, companies need to be aware of the privacy and security risks of collecting this data and protect it appropriately.  Failing to do so may…