Digital Advertising

The staff and board of the California Privacy Protection Agency (“CPPA”) have been working for nearly two years on a new set of proposed rulemaking under the California Consumer Privacy Act, as amended by the California Privacy Rights Act  (“CCPA”).  A year ago the current CCPA regulations were finalized, but several complex issues where reserved for further consideration and some proposals were pulled back to ease initial implementation.  Their enforcement was initially enjoined and delayed by a trial court, but a California appeals court reversed that order, including any delay on the effectiveness of future regulations.  New draft regulations were proposed by the CPPA staff and considered but not approved by the CPPA board in Q4 of 2023.  In February 2024 further revised draft regulations were released and considered on March 8 by the CCPA board, which voted 5 to 0 to move forward amendments to the existing regulations and, after a spirited debate, 3 (Urban, Le and Worthe for) to 2 (de la Torre and Mactaggert against) to also move forward with new draft regulations on data risk assessments and data driven technologies, with a direction to staff to add to the requirements for filing abridged assessments with the CPPA a discussion on what safeguards were employed to mitigate risks (with an exception for when disclosure would be a security risk).  In each case the staff was authorized to prepare the materials necessary under administrative procedures laws and regulations to publish a notice of prepared rulemaking, the publication which will be subject to a further Board vote after reviewing the rule making package.  The staff was also authorized to make further edits to the draft regulations to clarify text or conform with law.  Although the motions did not set a firm date for staff to complete that work, the discussions contemplate that it would be done by the July 2024 Board meeting at the latest.  That could result in effective regulations in Q3, though given the complexity and lack of Board consensus year-end is optimistic.Continue Reading In Narrow Vote California Moves Next Generation Privacy Regs Forward

On March 8, 2024, the California Privacy Protection Agency (“CPPA” or “Agency”) Board (“Board”) will consider draft regulations that set forth how automated decisionmaking technology (“ADMT”) and profiling will be regulated under the California Consumer Privacy Act (“CCPA”).  The proposal includes the regulation of a new concept of “behavioral advertising” that is deemed “extensive profiling”

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.

Privacy Challenges for Digital Advertising, Particularly in Europe

The Online Safety Act: Does this present a difficult balancing act for

Today at a panel before the International Association of Privacy Professionals (“IAPP”) – Europe Data Protection Congress in Brussels, leading European Union (“EU”) data protection authority commissioners cast doubt on the notion that there could ever be a lawful basis for targeted advertising based on behavioral profiling, referred to often as interest-based advertising (“IBA”).Continue Reading Privacy Challenges for Digital Advertising, Particularly in Europe

Squire Patton Boggs Partner Alan Friel has been recognized by the National Law Journal as a “Trailblazer” for Media and Advertising Law in 2023. The Trailblazers list spotlights professionals who are “agents of change” in their respective practice areas.

In the profile published by the National Law Journal, Alan discusses how the practice of

Our SPB lawyers are well known for thought leadership across many platforms, and that tradition continues over the coming weeks. Please join us for any or all of the events detailed in this post which will cover a variety of topics including AI and automated decision-making, digital advertising, biometric data, privacy by design, state privacy law compliance, privacy and ESG, and China cross-border data transfers. For more information, contact the presenters or your SPB relationship attorney.
Continue Reading SPB Lawyers to Present on Several Upcoming Can’t-Miss Webinars and Events

Join SPB’s Kyle Fath and Niloufar Massachi for a timely webinar hosted by the Association of National Advertisers (ANA) on Tuesday, March 14 at 1 PM EST (10 AM PST).  The ANA program will offer an engaging discussion on navigating unique compliance challenges in the digital advertising ecosystem.

Key areas of focus will include:

  • Analysis

Some would say that Commissioner Christine Wilson foreshadowed her resignation in her recent GoodRx concurrence. Indeed, Commissioner Wilson has been vocal in recent months about some of her concerns with how the FTC is doing business. Much of her criticism came after the Supreme Court’s AMG Capital Management, LLC v. FTC decision, which stripped the FTC of certain powers. Of course Privacy World has kept you in the know with how the FTC reacted to AMG HERE, HERE, and HERE. Much of the FTC’s reactions center on increasing rulemaking efforts, especially as the rulemaking impacts privacy and advertising programs, while also escalating its enforcement actions. Recently, the U.S. Chamber sent an open letter to Congress requesting more congressional oversight of the FTC in light of Commissioner Wilson’s resignation. Here are three points from the U.S. Chamber’s open letter that reflect what Commissioner Wilson’s resignation may mean for Congress and the FTC over the coming year:
Continue Reading What Commissioner Wilson’s Resignation Means for the Year Ahead

Late last year, Alan Friel, Marisol Mork and Kyle Dull discussed in two separate sessions, what businesses need to know about new state privacy laws at the Association of National Advertisers Masters of Law Conference.

Part 1: With comprehensive federal privacy legislation looking unlikely, marketers are left to decipher an expanding group of state

On Tuesday, October 18, Squire Patton Boggs (SPB) joined forces with the Association of Corporate Counsel (ACC) to provide a deep dive into “Publicity and Privacy Issues for Media and Advertising” during the ACC’s Sports and Entertainment Conference.
Continue Reading Webinar Recording Available: “Publicity and Privacy Issues for Media and Advertising”