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Marcela Robledo’s practice focuses on the intellectual property, data, and technology aspects involved in a wide range of corporate and transactional matters, including mergers and acquisitions, licensing, collaboration agreements, and joint ventures.

After years of fits and starts—including failed attempts to pass the American Data Privacy and Protection Act in 2022—Congress has renewed its attempt to nationalize privacy protections for American consumers with introduction of the American Privacy Rights Act (the “APRA” or “Act”).[1]  The APRA, a new bipartisan, bicameral proposal for comprehensive data protection legislation introduced by the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science and Transportation in early April, is a direct response to a flurry of activity at the state level over the past few years and attempts to harmonize the resulting patchwork of privacy legislation that has created a burdensome and costly labyrinth of shifting compliance obligations for covered organizations that collect and process personal data.Continue Reading Congress Releases American Privacy Rights Act Discussion Draft

The Biden administration recently issued Executive Order 14117 (the “Order”) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.”  Building upon earlier Executive Orders[1], the Order was motivated by growing fears that “countries of concern” may use artificial intelligence and other advanced technologies to analyze and manipulate bulk sensitive personal data for nefarious purposes.  In particular, the Order notes that unfettered access to American’s bulk sensitive personal data and United States governmental data by countries of concern, whether via data brokers, third-party vendor agreements or otherwise, may pose heightened national security risks. To address these possibilities, the Order directs the Attorney General to issue regulations prohibiting or restricting U.S. persons from entering into certain transactions that pose an unacceptable risk to the national security of the United States.  Last week, the Department of Justice (“DOJ”) issued an Advance Notice of Proposed Rulemaking, outlining its preliminary approach to the rulemaking and seeking comments on dozens of issues ranging from the definition of bulk U.S. sensitive personal data to mitigation of compliance costs. Continue Reading Biden Administration Executive Order Targets Bulk Data Transactions

The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2024”.

Continuing global trends to protect consumer privacy and rein in the exploitation of personal data by organizations, 2023 saw an explosion of comprehensive privacy laws, amendments to existing laws and a proliferation of targeted regulations around the world. Continue Reading Privacy and Data Protection Compliance Will Become More Fragmented in 2024

The Federal Trade Commission (“FTC”) on December 20, 2023[1] proposed a set of revisions to its rules implementing the Children’s Online Privacy Protection Act (“COPPA Rule”).[2]  The COPPA Rule, which became effective in 2000, and was amended in 2013, serves as the FTC’s primary means to enforce the Children’s Online Privacy Protection Act of 1998 (“COPPA”), the principal regulation protecting children (and their personal information) online.  At a high level, the COPPA Rule requires operators of websites online services (i) directed to children[3] or (ii) when not directed to children, that have actual knowledge that they are collecting personal information online from a child; to provide notice to parents and obtain verifiable parental consent before collecting, using or disclosing personal information from their children, as well as to provide parents with opportunities to review, delete and prevent further use or future collection of such information.Continue Reading FTC Proposes COPPA Rule Revisions Detailing Enhanced Online Privacy Protections for Children

Continuing to pave the way for enhanced privacy rights for California consumers, on October 10, California Governor Gavin Newsom signed into law S.B. 262, colloquially known as the California Delete Act (the “Delete Act” or the “Act”)). [1]  The Delete Act is the first of its kind in the United States, providing California-based consumers with a more streamlined, user-friendly way to request deletion of their personal information from data brokers. Continue Reading California Passes Delete Act Creating More Accountability for Data Brokers

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

Following the lead of California, Virginia, Colorado, Connecticut and Utah (as previously discussed here, here, here, here and here respectively), on March 29, 2023, Iowa passed the Iowa Consumer Privacy Act (the “ICPA”), creating compliance obligations for businesses that collect and process personal data of Iowa residents and providing such residents more control over their data. The ICPA will go into effect on January 1st, 2025.Continue Reading Iowa Becomes the Sixth State to Enact a Comprehensive Privacy Law

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 January 4, 2023, the Irish Data Protection Commission (the “DPC”) announced it issued two decisions that have wide relevance for the adtech industry.  The decisions focus on the extent to which businesses can rely on the GDPR legal basis of ‘performance of a contract’ to justify delivering behavioural advertising to users without separately seeking their consent. Continue Reading Irish Data Protection Commission’s decisions regarding Facebook and Instagram

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