Category: Data Security & Privacy
New California Law Establishes Broad Protections for Children’s Online Privacy – Exceeding Federal Requirements
California made history in September as the first state to enact legislation that punishes technology companies for violations of minors’ privacy and for practices that jeopardize minors’ safety in an effort to prioritize “the privacy, safety, and well-being of children over commercial interests.” On September 15th, Governor Newsom signed The California Age-Appropriate Design Code Act… Read More
States Rush to Protect Consumers From Cyber Threats as Gaming Legislation Moves Across All States
In the four years since the Supreme Court struck down the federal ban on sports betting, more than 36 states and the District of Columbia have launched legal sports betting markets, with more than half of legalized states offering online and mobile options. [1] In most markets that offer online and mobile sports betting, the… Read More
Equifax Settlement Teaches The Dos and Dont’s About Data Security
It’s been a busy summer for the FTC and the federal agency is dominating the headlines. There is the $5 billion settlement with Facebook for failing to better protect user privacy, which was announced earlier this month. Then there is the multimillion dollar settlement with Google for failing to adequately protect children’s privacy. That was… Read More
How One Simple Meeting Presages the Future of Federal Prosecution
For many years, it has been the federal government, with its multitude of prosecutorial and regulatory arms, that has been able to throw its policing weight around, causing business owners to snap to attention with a crisp salute. But as the traditional business model has morphed into clouds of technology-driven, international and multinational enterprises, this… Read More
No More Bait and Switch: Subscription-Based Businesses Need to Refine Their Pitch Under California Law
Effective July 1, companies that offer free gift or trial periods for their products or services can no longer bill California consumers automatically at the expiration of the gift or trial period. Companies will be required to provide a “clear and conspicuous” explanation of the price that will be charged—or how the pricing will change—at… Read More
The California Consumer Privacy Act: The Who, What, When, Why…and How.
Make room Europe: California is taking on the data privacy challenge. For the last year or so, the privacy world has been abuzz with how to implement the E.U.’s General Data Protection Regulation. The buzz died down once GDPR went into effect in late May. But no rest for the weary. A little over a… Read More
Facebook and the FTC: A Wake-Up Call for Companies Collecting Personal Data
The FTC is reported to be joining state and international regulators in examining Cambridge Analytica’s actions with data accessed from Facebook, including how the data analytics company obtained the information, what it did with the information, and whether Facebook complied with existing obligations, including a 2012 FTC consent decree. The situation underscores the importance of… Read More
Employer Liability for Data Breaches: Avoid Getting Eaten By Your Own
When a company suffers a data breach, it is hit with a barrage of issues. For instance, How can it safeguard against another breach? Who should it notify of the breach and when (Authorities? The people whose data was compromised?)? What type of measures should it undertake to minimize possible damage to those whose data… Read More
Customer Data Collection: GDPR Changes Everything.
Beginning on May 25, 2018, companies which process the personal data of European Union residents will be expected to comply with the General Data Protection Regulation, or GDPR. Even companies located in the United States are subject to this regulation, and violating its terms may result in class actions and hefty fines. If your company… Read More
GDPR D-Day: If Not Prepared, It Could Cost You Europe
GDPR D-Day: May 25, 2018. If you are not prepared, the results could cost you Europe. In the U.S., we’ve had a pretty business-friendly approach to consumer data protection. And while federal and state authorities have their respective consumer protection laws, there is no single federal law that clearly defines U.S. policy on how consumer… Read More
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