Melissa Faragasso

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Melissa Faragasso’s practice focuses on intellectual property and technology transactions, cybersecurity, data protection, and privacy.

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In recent weeks, six states, Florida (effective July 1, 2024)[1], Texas (effective July 1, 2024)[2], Montana (effective October 1, 2024)[3], Iowa (effective January 1, 2025)[4], Tennessee (effective July 1, 2025)[5] and Indiana (effective January 1, 2026)[6], have passed consumer privacy laws, adding to the growing list of states with comprehensive privacy legislation alongside California, Virginia, Colorado, Connecticut and Utah.  In the ever-changing landscape of privacy compliance, it is more critical and complicated than ever for businesses to be able to determine which state privacy laws may apply to their business.…

Continue Reading Determining Applicability of Newly Enacted Comprehensive U.S. Privacy Laws

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

On December 13, 2022, the European Commission (“Commission”) formally launched the process to adopt an adequacy decision for the EU – U.S. Data Privacy Framework and proposed a draft adequacy decision concerning personal data transfers to the U.S. (available here).…

Continue Reading The Draft Adequacy Decision on the EU-US Data Privacy Framework

Today, after over two years of detailed negotiations, President Joe Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities (the “Order”)  outlining steps the U.S. will take to implement its commitments under the European Union-U.S. Data Privacy Framework, originally announced by President Biden and European Commission President Ursula von der Leyen in March of 2022 (as previously discussed here).[1]…
Continue Reading President Biden Signs Executive Order on New EU-US Data Privacy Framework

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

After nearly two years of detailed negotiations, on March 25, 2022, U.S. President Joe Biden and European Commission President Ursula von der Leyen announced an “agreement in principle” on a new Trans-Atlantic Data Privacy Framework (the “Framework”) to re-establish an important legal mechanism to effectuate cross-border transfers of personal data from the EU to the U.S. The Framework is hoped to address concerns raised by the decision of the Court of Justice of the European Union (the “CJEU”) in Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (2020) (“Schrems II”).
Continue Reading Schrems III? The European Commission and U.S. Government Announce New Trans-Atlantic Data Privacy Framework

Following the lead of California, Virginia and Colorado (as previously discussed here, here and here respectively), on March 24, 2022, Utah became the fourth state to enact an omnibus privacy law, creating compliance obligations for businesses that collect and process personal data of Utah residents and providing such residents more control over their data.
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Continue Reading Businesses Buzzing With News of Utah’s New Comprehensive Privacy Law

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