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

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

Texas has joined Arkansas and Utah as the third state to impose requirements on social media accounts for those under 18. Namely, with the Securing Children Online through Parental Empowerment Act (“SCOPE Act”), Texas will place requirements on “digital service providers.” The law goes into effect September 1, 2024. It does not provide for a private right of action. Instead, enforcement will be by the Texas attorney general.Continue Reading Texas’ SCOPE Act Puts Focus on Social Media and Minors

When thinking about privacy notice obligations, companies often -incorrectly- leap to the wording in their privacy policies. The new comprehensive state privacy laws are a reminder that notice obligations are a bit broader than mere privacy policies. To the extent that these laws apply to your organization (see our prior applicability post) there are some notice-related obligations to keep in mind.Continue Reading The Comprehensive Privacy Law Deluge: Approaching Notice Obligations

Of the many worries on privacy compliance teams’ lists as we face the onslaught of state “general” privacy laws are the impacts they have on vendor contracts. Fortunately for those who have already had to deal with contracts with vendors (service providers, processors) in California or EU’s GDPR, the impact should be fairly minimal.Continue Reading The Comprehensive Privacy Law Deluge: Updating Vendor Contracts

With a little less than a week before the next US state “comprehensive” privacy laws (Colorado and Connecticut) go into effect, many are reviewing existing practices. One that keeps coming up is the concept of “profiling.” As a reminder, we now have 11 states with comprehensive privacy laws: California, Colorado, Connecticut, Florida, Indiana, Iowa, Montana, Tennessee, Texas, Utah, and Virginia.Continue Reading The Comprehensive Privacy Law Deluge: What to Do About “Profiling”

Texas has now become the 11th state, following Florida, to have a “comprehensive” privacy law. HB 4 was signed by the governor on June 18, 2023. This caps off a busy spring for state lawmakers not only in Texas, but Florida, Iowa, Indiana, Tennessee, and Montana. The law goes into effect on July 1, 2024 (the ability for agents to submit rights requests is not effective until January 1, 2025 however). For a round-up of state laws’ effective dates, visit here.Continue Reading The Lone Star State Joins the Privacy Law Deluge: Another Governor Signs