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Liisa Thomas, a partner based in the Chicago and London offices, is Leader of the firm's Privacy and Cybersecurity Practice Group.

As more and more states enact laws that mirror aspects of GDPR, and as companies begin to get used to the EU’s new standard contractual clauses, now may be a good opportunity for a refresh on data sharing agreements. As most in the privacy space are well aware, the laws in many states -and countries- call for certain oversight in these situations. And many require specific content to be included in contracts. What might you want to include in your contract roadmap?Continue Reading DPA 101: Do You Know Where Your Data Is?

The FCC reminded companies this month that calls containing “artificial or prerecorded voices” are regulated by TCPA. And, that the FCC considers AI-generated voices to be just the kind of “artificial” that fall within the TCPA’s regulations. This announcement was made in a declaratory ruling issued by the FCC at the start of the month.Continue Reading AI-Generated Voice Calls: New Tech, Old Rules

This month the EDPB shed light on the question of lead supervisory authorities. The issue arose in response to a question late last month from the French supervisory authority. Some background. As most international organizations are aware, GDPR provides for a “lead” supervisory authority where companies have their “main establishment” in that location. In the event, for example, if an investigation into a company’s violation of a particular provision of GDPR, the lead supervisory authority would be the sole authority to pursue the problem. This question can also come up when companies are trying to determine what authority to notify of a data breach. Without a lead supervisory authority, all supervisory authorities where there are data subjects would be able to participate.Continue Reading EDPB Provides Guidance on Determining Primary Supervisory Authority

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did not make it as easy for users to reject all advertising cookies as it was for users to accept all. The ICO reached out to 53 companies and has now indicated that it will be reaching out to more companies: 100 at a time. To conduct its review, it will run a hackathon this year to develop an AI tool to comb the web for “noncompliant” banners.Continue Reading UK ICO Uses AI In Cookie Banner Review

New Jersey’s governor has signed into law the first US state comprehensive privacy law of 2024. It will go into effect January 16, 2025. For those keeping score, that puts New Jersey after Florida, Oregon, Texas (all July 1, 2024), Montana (October 1, 2024), Delaware, and Iowa (both January 1, 2025). But, before Indiana (January 1, 2026). (Visit this post for a more detailed recap).Continue Reading The Garden State Cultivates a Consumer Privacy Law – The First for 2024

From the expansion of “general privacy” laws in US states and concerns over cross-border data transfers, to global focus on artificial intelligence, surveillance and dark patterns, 2023 was a busy year. Our privacy team tracked these developments and more during 2023, and we have put together this complete resource that includes our summaries of all of the privacy law developments from 2023.Continue Reading Privacy Day 2024: A Look Back at Developments from 2023

The FTC is beginning 2024 with a bang. Just a few short days after announcing a settlement with lead-generation company Response Tree, the FTC has announced another decision. In this latest announcement, the FTC has described this as its first settlement with data broker over the sale of sensitive information. According to the FTC, X-Mode Social, and its successor company Outlogic, LLC, tracked and sold to third parties precise location information, which information could identify if people visited “sensitive” locations like medical or reproductive clinics or domestic abuse shelters. This allegation is similar to that the agency made last year against Kochava, in a case that is still pending.Continue Reading FTC Continues Focus on Data Brokers and Sensitive Information

As we begin the new year, many are wondering whether the growing list of US state privacy laws apply to them, and if so, what steps they should take to address them. For companies that gather information from consumers, especially those that offer loyalty programs, collect sensitive information, or have cybersecurity risks, these laws may be top of mind. Even for others, these may be laws that are of concern. As you prepare your new year’s resolutions -or how you will execute on them- having a centralized list of what the laws require might be helpful. So, a quick recap:Continue Reading Current Status of US State Privacy Law Deluge: It’s 2024, Do You Know Where Your Privacy Program’s At?

In anticipation of July 1, 2024, requirements to allow consumers the ability to use “universal opt out mechanisms” in certain circumstances, Colorado has posted its “universal opt out shortlist.” The list is indeed short. Only one mechanism, the already-known global privacy control (GPC) is on it. The Colorado Attorney General has indicated that the list can be updated. And it may be in the coming months.Continue Reading Bookmark This!: Colorado Launches Universal Opt Out Mechanism List

Continuing its focus on potential dark patterns, the FTC has reached a settlement with the lead generation company Response Tree LLC and its president over allegations that the company ran sites that tricked people into opting into receiving marketing calls. The FTC brought the case arguing that the company had violated both Section V of the FTC Act as well as the Telemarketing Sales Rule (or TSR, which implements TCFAPA).Continue Reading FTC Reaches $7 Million Settlement Over Response Tree’s “Consent Farm” Sites

Both Texas and Oregon recently adopted rules that will, among other things, implement a registry required by both states’ data broker laws. The Texas law went into effect September 1, 2023, and the Oregon law will go into effect January 1, 2024. Both are similar to laws in Vermont and California.Continue Reading Data Broker Rulemaking in Texas and Oregon