This week, House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) unveiled their bipartisan, bicameral discussion draft of the American Privacy Rights Act (APRA draft).[1] Chair Rodgers’ and Chair Cantwell’s announcement of the APRA draft surprised many congressional observers after comprehensive privacy legislation stalled in 2022.

Continue Reading April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024?

Join us tomorrow as we kick off SPB’s Data Privacy Thought Leadership Series!

State Privacy Law Roundup
📅Thursday, October 3 | 9 – 10 a.m. PT
Speakers: Julia JacobsonElizabeth BerthiaumeKyle Dull

In the first half of 2024, seven new state consumer privacy laws were enacted and three state consumer privacy laws became effective (plus one on October 1, 2024). Eight more state consumer privacy laws will become effective in 2025 and the California Privacy Protection Agency (CCPA) continued its rulemaking activity. Plus, 2024’s American Privacy Rights Act could gain traction now that Congress is back in session after the August recess. Join us on October 3rd for a rundown on where we are and what’s ahead for 2025 in consumer privacy.


Join us for our Data Privacy Thought Leadership Series, where we dive into the latest trends shaping AI, marketing, and data monetization. With new state privacy laws, evolving regulatory requirements, and AI procurement challenges, this series offers practical insights to help you navigate the complex data privacy landscape.

Learn how to manage privacy assessments, stay compliant, and strengthen your data governance strategies to keep your organization ahead of the curve.


State Privacy Law Roundup

📅Thursday, October 3 | 9 – 10 a.m. PT

Speakers: Julia Jacobson, Elizabeth Berthiaume, Kyle Dull

In the first half of 2024, seven new state consumer privacy laws were enacted and three state consumer privacy laws became effective (plus one on October 1, 2024). Eight more state consumer privacy laws will become effective in 2025 and the California Privacy Protection Agency (CCPA) continued its rulemaking activity. Plus, 2024’s American Privacy Rights Act could gain traction now that Congress is back in session after the August recess. Join us on October 3rd for a rundown on where we are and what’s ahead for 2025 in consumer privacy.


AI, Marketing, and Data Monetization: Understanding and Managing Consents, Opt-Outs, and Other Regulatory Requirements

📅Thursday, October 10 | Noon – 1 p.m. PT

Speakers: Kyle Fath, Niloufar MassachiGicel Tomimbang

The convergence of industry trends, business needs, and significant technology advances, particularly advancements in AI, marketing, and data monetization, has led many companies to collect more personal data and do more with it. This comes at a time when regulators are actively and aggressively pursuing privacy enforcement and over twenty states have passed comprehensive privacy laws, with most of them imposing consent obligations, opt-out rights, and even outright prohibitions with respect to specific activities or certain types of data.

Please join us for a discussion on consent, opt-out, and other regulatory requirements that are relevant to AI, marketing, and data monetization. Our goal is for you to leave this session armed with information that will help you identify risks, inform business decisions and strategy, and serve as a thoughtful and resourceful partner to your organization’s GC/CLO, business stakeholders, and C-suite.

Attend virtually or join us at our LA Office for further discussion and lunch.


Privacy Rulemaking and Enforcement

📅Thursday, October 17 | 9 – 10 a.m. PT

Speakers: Alan Friel, Lydia de la Torre

Join Squire Patton Boggs Global Data Chair Alan Friel and of Counsel Lydia de la Torre, and former CPPA Board member, for a discussion on the next generation of CCPA regulations, including regarding employment, ADM / Profiling / AI, and Risk Assessments and Security Audits, as well as enforcement priorities and cooperation between regulators in the states that have enacted consumer privacy laws.


Privacy Assessments: A Discussion of Requirements and Risks and a Mock Assessment Exercise

📅Tuesday, October 22 | Noon – 1 p.m. PT

Speaker: Kyle Fath

State privacy laws already require, or will soon require, companies to carry out assessments – referred to as data protection assessments, risk assessments or DPIAs. These requirements extend to “high-risk” activities or those that involve a “heightened risk of harm,” including, in most cases, targeted advertising, the sale of personal data, and the processing of personal data, among other things. The Colorado Privacy Act and proposed regulations under the California Consumer Privacy Act (CCPA) lay out detailed content requirements that companies must follow, including requiring significant input from both internal teams and external stakeholders, such as vendors and other recipients of personal data. In addition to prescriptive content requirements, businesses should also be aware of regulators’ ability to request copies of assessments under the state privacy laws, and the proposed CCPA regulations that would require businesses to file certifications of compliance and abridged versions of their assessments with the California Privacy Protection Agency.

Join us for this event where we will:

  • Discuss privacy assessment requirements and risks
  • Carry out a mock assessment exercise, walking through the completion of various aspects of a privacy assessment, focused on use cases involving targeted advertising and the sale of personal data
  • Touch on available resources that you can use to carry out assessments more efficiently and effectively

AI in Action: AI Procurement

📅Wednesday, October 30 | 9 – 10 a.m. PT

Speakers: Julia Jacobson, Charles Helleputte

The same thing, only different. Procuring AI presents many of the same challenges as procuring any other technology. An organization seeks to harness the full potential of the technology together with a supplier contract that minimizes risks. Two key issues distinguish Al procurement: AI systems are designed to continually learn and improve and the AI legal structure is dynamic. Tune in for a trans-Atlantic view on adapting technology and data governance risk management for AI procurement.

As we reported in our post about the Minnesota Customer Data Privacy Act, the Rhode Island Data Transparency and Privacy Protection Act (RI-DTPPA) was passed by the state legislature on June 13th.  Governor McKee did not either sign or veto but transmitted it to the Rhode Island Secretary of State. i.e., it is effective without the Governor’s signature. 

1. WHEN IS RI-DTPPA IN FORCE?

The RI-DTPPA effective date is January 1, 2026 – the same date as the customer privacy laws in Indiana and Kentucky. 

Since Vermont’s consumer privacy law was vetoed, the RI-DTPPA makes 20 state consumer privacy laws.  The 19 state customer privacy laws preceding RI-DTPPA (collectively, the State Customer Privacy Laws) are in force as follows.

StateState Customer Privacy Law TitleEffective Date
CaliforniaCalifornia Customer Privacy Act (CCPA)January 1, 2020; CCPA Regulations effective January 1, 2023
ColoradoColorado Privacy ActJuly 1, 2023
ConnecticutConnecticut Personal Data Privacy and Online Monitoring ActJuly 1, 2023
DelawareDelaware Personal Data Privacy ActJanuary 1, 2025
FloridaFlorida Digital Bill of RightsJuly 1, 2024
IndianaIndiana Customer Data Protection ActJanuary 1, 2026
IowaIowa’s Act Relating to Customer Data ProtectionJanuary 1, 2025
KentuckyKentucky Customer Data PrivacyJanuary 1, 2026
MarylandMaryland Online Data Privacy ActOctober 1, 2025
MinnesotaMinnesota Customer Data Privacy ActJuly 31, 2025
MontanaMontana Customer Data Privacy ActOctober 1, 2024
NebraskaNebraska’s Data Privacy ActJanuary 1, 2025
New HampshireAct Relative to the Expectation of PrivacyJanuary 1, 2025
New JerseyNew Jersey Data Protection ActJanuary 15, 2025
OregonOregon Customer Privacy ActJuly 1, 2024 (July 1, 2025, for in-scope non-profit organizations)
TennesseeTennessee Information Protection ActJuly 1, 2025
TexasTexas Data Privacy and Security ActJuly 1, 2024
UtahUtah Customer Privacy ActDecember 31, 2023
VirginiaVirginia Customer Data Protection ActJanuary 1, 2023
Continue Reading Rhode Island Makes it an Even 20

Please join us in New York, NY (or virtually) for the Association of National Advertisers (ANA) Law 1-Day Conference on June 26th. Team SPB will cover a variety of privacy topics affecting the advertising and marketing industry, including consumer privacy compliance, data assessments and advertising enforcement actions and class actions. Register soon because in-person space is limited.   

Team SPB panelists are Alan Friel, Julia Jacobson, Marisol Mork, Kristin Bryan, Stacy Swanson, Kyle Dull, and Sasha Kiosse, joined by industry leaders from Ankura Consulting Group, BECU, Curacity, and TikTok.

Use the code LAWCODE24 to receive complimentary registration  
WHENWHERE
June 26, 2024
11:30am – 3:45pm EST
Networking reception to follow, co-sponsored by Squire Patton Boggs and Ankura!
ANA Headquarters
155 E 44th Street, 8th Floor
New York, NY 10017
-or-
Virtual
Continue Reading ANA Law One-day Conference – Join Us June 26 in New York City

Since its inception in 1998, the Children’s Online Privacy Protection Act (COPPA) has been the cornerstone of protecting the personal data of minors under the age of 13 in the United States. COPPA imposes various requirements, including parental consent, notice and transparency, and data minimization, among other things, on online services that are “directed to children [under 13]” and “mixed audience” online services, or those that have actual knowledge that they have collected personal data from a child [under 13] online.

Many organizations that previously did not have to worry about COPPA or COPPA-based standards as applied to state consumer privacy laws should be aware of the trend in state privacy legislation to expand restrictions and obligations beyond COPPA’s under age 13 standard, to minors that are at least 13 and under the age of 18 (“Teens”). This trend began in 2020 with the California Consumer Privacy Act (CCPA) requiring consent for “sale” of personal information of consumers at least age 13 but younger than 16 years of age  (the California Privacy Rights Act expanded that requirement to “sharing” as well). Consent must be given by the Teen or, if the consumer is under age 13, by the parent, using COPPA verification standards. Other relevant aspects regarding this trend, of which organizations should be aware, include:

Continue Reading Trending: Teens’ Data Subject to Heightened Restrictions Under Ten (and Counting?) State Privacy Laws

State legislatures across the country were busy in 2023 and so far this year passing comprehensive consumer privacy laws and creating a vexing patchwork of compliance obligations.

Legislatures in Iowa, Indiana, Tennessee, Montana, Florida, Texas, Oregon, Delaware, New Jersey, New Hampshire, Kentucky, Maryland, Nebraska and Minnesota all enacted consumer privacy laws of their own with an additional consumer privacy law in Vermont awaiting action by the Governor. The fifteen laws passed in 2023 and 2024 join laws in California, Virginia, Colorado, Utah, and Connecticut which already are in effect. A chart at the end of this blog post notes each law’s effective date, three of which are effective at the end of this month.

While inspired by the EU General Data Protection Regulation and the California Consumer Privacy Act (“CCPA”), the new state consumer privacy laws take materially different approaches in many ways. States also have passed more targeted privacy laws pertaining specifically to consumer health data (beyond treating it as a category of sensitive personal data), the protection of children (beyond limiting the use of personal data), AI-specific laws (not part of a comprehensive consumer data regime) and laws regulating data brokers (typically controllers that sell personal data they do not directly collect from consumers). Congress continues to consider a federal law that would mostly preempt the state consumer privacy laws, as well as other laws specific to children’s online safety with partial preemption. In the meantime, data controllers (and to a lesser degree processors) face the challenge of determining which state consumer privacy laws apply and whether to apply applicable laws based on consumer residency or to apply a national highest standard to all consumers.

The SPB privacy team has developed a comprehensive guide on state consumer privacy laws, including comparison charts on key issues to help determine which laws apply and tips for enhancing information governance. Most of the new state consumer privacy laws require controllers to conduct and retain documentation of data privacy impact or risk assessments. Minnesota’s new consumer privacy law also requires a documented privacy compliance program reasonably designed to ensure compliance and data inventories. The most recent draft of the federal privacy law mandates privacy-by-design.

Following are some highlights of the emerging ‘high water mark’ (strictest requirement) for key aspects of consumer privacy in the United States:

Continue Reading State Privacy Law Patchwork Presents Challenges

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Congress Could Disrupt Prevailing State Law Approach to Online Ads | Privacy World

Squire Patton Boggs Lawyers to Present on Several Upcoming Webinars and Events | Privacy World

California Privacy Regulator Holds Townhall Sessions On Draft Rules | Privacy World

When the EDPB is Weaponized, It Is Our Privacy That Is at Risk | Privacy World

Relying on CAFA’s Discretionary “Home-State” Exception, Federal Court Punts Data Breach Class Action Back to State Court | Privacy World

Singapore Progresses Towards Amended Cybersecurity Law | Privacy World

Heavyweight Fight, Did the US or EU KO the AI Treaty? | Privacy World

Are you Ready for Washington and Nevada’s Consumer Health Data Laws? | Privacy World

April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024? | Privacy World

The Italian DPA Has Its Eyes on Biometric IDs – Another Fight on Tech or a Win for Privacy? | Privacy World

The recently released discussion draft of the American Privacy Rights Act rejects the opt-out approach to targeted advertising in 17 state consumer privacy laws, and instead requires express affirmative opt-in consent for tailoring online ads based on a specific viewer’s interests and activities, akin to the prevailing European approach.  In a guest post published earlier this week by Bloomberg Law, Privacy World’s Alan Friel and Kyle Fath explain why this would do more harm than good to consumers, threaten the ad-supported online content business model that supports a free and open Internet, and increase the economic digital divide.  Read more here.

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

California Privacy Regulator Holds Townhall Sessions On Draft Rules | Privacy World

When the EDPB is Weaponized, It Is Our Privacy That Is at Risk | Privacy World

Relying on CAFA’s Discretionary “Home-State” Exception, Federal Court Punts Data Breach Class Action Back to State Court | Privacy World

Singapore Progresses Towards Amended Cybersecurity Law | Privacy World

Heavyweight Fight, Did the US or EU KO the AI Treaty? | Privacy World

Are you Ready for Washington and Nevada’s Consumer Health Data Laws? | Privacy World

April’s APRA: Could Draft Privacy Legislation Blossom into Law in 2024? | Privacy World

The Italian DPA Has Its Eyes on Biometric IDs – Another Fight on Tech or a Win for Privacy? | Privacy World