comprehensive privacy law

Among the various requirements under US state comprehensive privacy laws, those that relate to loyalty programs may be some of the most confusing. Only three states — California, Colorado and Florida — regulate these programs. How they do this varies, and the level of detail contained in the laws also varies. In California and Florida, the laws’ impact on loyalty programs is in how they define “financial incentives.” These are times when a company “pays” a consumer for their personal information. This might occur with a straight cash payment. More common though, is optimized pricing or providing a higher quality of services in exchange for getting personal information. For those who offer loyalty programs, depending on how they are operated, they may viewed as be financial incentives under these laws. Colorado’s comprehensive privacy law, on the other hand, imposes obligations on companies that operate “bona fide loyalty programs.” These are defined as programs where information is processed solely to provide the program’s benefits. Benefits must be -like in California- better pricing or quality of services.Continue Reading The Comprehensive Privacy Law Deluge: Impact on Loyalty Programs

It’s been a busy summer for US state privacy laws, and companies now need to keep track of a growing list of requirements from these laws. These include many we have written about in the past, including notice, vendor contract provisions, and offering consumers rights and choices. The laws also impose certain record keeping requirements, which we discuss here.Continue Reading The Comprehensive Privacy Law Deluge: Record-Keeping and Related Requirements

Following lots of legislative uncertainty, Brazil has now formally enacted the country’s first general data protection law, Lei Geral de Proteção de Dados, or “LGPD.” While administrative sanctions do not go into effect until August 1, 2021, individuals and public prosecutors can now bring claims for losses and damages. Indeed, at least one public civil action has already been filed. LGPD is the first comprehensive general data protection law in Latin America. It was modeled after the EU’s GDPR. While there are many similarities, LGPD does introduce new concepts. Below are some of the key elements to keep in mind.
Continue Reading Brazil’s Comprehensive Privacy Law Now in Effect