The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2023”.
As the value of data continues to increase exponentially, so too do the associated risks, including risk of cyberattacks, data breaches or data-related litigation, as well as rising regulation throughout the world
On December 19, 2022, the United States Federal Trade Commission (“FTC”) announced two separate record-breaking settlements with Epic Games, Inc. (“Epic”), the video game publisher behind the popular online multiplayer game “Fortnite,” totaling over $520 million for alleged violations of the Children’s Online Privacy Protection Act (“COPPA”) and use of “dark patterns” to deceive players into making unwanted, in-game purchases.
Continue Reading Regulators Impose Epic Consequences for Children’s Privacy Rights Violations
Determined to maintain its position as a pioneer for consumer privacy rights, California is again among the first to take action to tackle issues of children’s safety and privacy online with the enactment of the California Age-Appropriate Design Code (the “Code”), which was signed into law by Governor Gavin Newsom on September 15, 2022. Once effective on July 1, 2024, the Code would, among other things, prescribe rules that require businesses to design their online products and services with children’s privacy in mind and identify and mitigate any risks of material detriment to children that arise from businesses’ online data practices.
Continue Reading California Refuses to “Kid Around” on Children’s Privacy With Enactment of the California Age Appropriate Design Code
After a failed attempt in 2021, Connecticut has become the fifth U.S. state to enact comprehensive data privacy legislation with the passing of “An Act Concerning Personal Data Privacy and Online Monitoring” or the Connecticut Data Privacy Act (the “CDPA” or the “Act”). The Act will take effect July 1, 2023 giving covered organizations about 14 months to become compliant.
Continue Reading New England’s New Privacy Act: Connecticut Becomes the Fifth State To Enact Comprehensive Data Privacy Act
For those following data privacy and consumer data protection trends, it should come as no surprise that enacting comprehensive legislation to regulate companies’ use of personal data has continued to be a focal point both internationally and in the U.S., at the federal, state and local levels.
Continue Reading Navigating the Complex Regulation of Privacy and Data Protection
The past few years have brought monumental changes to how we handle international data transfers from the EU. Schrems I, GDPR, Schrems II, Brexit and now the new Standard Contractual Clauses, published in June, 2021.
Here we share our views on improvements and challenges this modernised version of the SCCs has brought and how it
Colorado is set to become the third state in the nation to enact comprehensive privacy legislation with the passing of SB 21-190, more commonly known as the Colorado Privacy Act (“ColoPA” or the “Act”). Governor Jared Polis is expected to sign the ColoPA into law in the coming days, after which
Last month, the Virginia Consumer Data Protection Act was signed into law, making Virginia the second state in the nation to enact comprehensive data privacy legislation. The Act resembles and adopts some terms from the California Consumer Privacy Act (“CCPA”); the California Privacy Rights Act of 2020, which amends and expands the CCPA; and the
Cybersecurity and data privacy, topics that were already top of mind for companies at the start of 2020, were pushed even further to the forefront due to the COVID-19 pandemic, significant data security enforcement actions, and the SolarWinds breach discovered in December.
The increased prevalence of remote work made it all the more critical for
Patchwork and continually changing regulation continues to be the trend in data privacy law, with 2020 adding new legislation to the fray and striking down some existing privacy structures. 2021 will likely be a time of reflection for businesses trying to adjust to impending new requirements in the face of an increasingly remote workforce and customer base.
Continue Reading The Privacy Law Plot Continues to Thicken: Compliance Considerations for 2021