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

On July 22, the New York Department of Financial Services (DFS) announced the first enforcement action under its new Cybersecurity Regulation, which requires that businesses registered or licensed by DFS comply with a number of robust cybersecurity requirements. The action involves First American Title Insurance Company and, according to the Statement of Charges and Notice

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

On July 16, the European Court of Justice (CJEU) issued a highly-anticipated decision evaluating the validity of two popular mechanisms for transferring personal data from the EU to the United States: Privacy Shield and Standard Contractual Clauses (SCCs). The Court struck down Privacy Shield, but upheld the validity of SCCs – although not without providing

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

Ad Law Access PodcastAs covered in this blog post, on June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy

The California Consumer Privacy Act (CCPA) right to non-discrimination explainedOn June 24, 2020, the Secretary of State of California announced that the California Privacy Rights Act (CPRA), had enough votes to be eligible for the November 2020 general election ballot. CPRA is a ballot initiative, which, if adopted, would amend and augment the California Consumer Privacy Act (CCPA) to increase and clarify the privacy

On June 2, California Attorney General Xavier Becerra announced that he had submitted final CCPA regulations to the Office of Administrative Law (OAL) for review. The final regulations are substantively identical to the second set of modified proposed regulations, which the AG released in March. In addition, the AG issued a Final Statement of Reasons that (1) explains the changes between the first draft and final regulations, and (2) is accompanied by Appendices that respond to each public comment received throughout the rulemaking process – including written comments submitted in response to each draft of proposed regulations and those provided at the four public hearings held in December 2019.

We have described below some of the key provisions of the final regulations, which will impose additional requirements on businesses, service providers, and third parties and data brokers, and likely require the design and implementation of new processes. Whatever hardship the regulations may cause, it is clear that the AG is prioritizing consumer privacy, explaining that the office “has made every effort to limit the burden of the regulations while implementing the CCPA” and does not believe the regulations are “overly onerous or impractical to implement, or that compliance would be overly burdensome or would stifle businesses or innovation.”
Continue Reading CCPA Update: Final Regulations Submitted but No Changes from Prior Draft

Ad Law Access Podcast - Operationalizing CCPACCPA compliance is a cross-functional exercise that requires active participation and buy-in from business units across the organization to tackle data mapping, work flows and employee training. On the latest episode of the Ad Law Access Podcast, special counsel Tara Marciano and associates Carmen Hinebaugh and Alexander Schneider discuss the ongoing challenges of operationalizing CCPA

FTC Guidance on AI: Don’t Surprise Consumers – Or YourselfFTC Bureau of Consumer Protection Director Andrew Smith this week published some helpful pointers for companies that are developing or using AI to support consumer-facing services.  These pointers are drawn from past FTC enforcement actions, reports, and workshops.  They boil down to one overarching message:  Companies shouldn’t surprise consumers – or themselves – in how