On Friday, January 27, California Attorney General Rob Bonta announced an investigative sweep of businesses that provide mobile apps, issuing warning letters to those that AG Bonta alleges failed to comply with the California Consumer Privacy Act (CCPA).  This sweep focused specifically on “popular retail, travel, and food service industry apps” that failed to comply

With Colorado joining California as the only other state with rules implementing a comprehensive privacy law, businesses and practitioners have been anxiously watching to see whether a California-compliant privacy policy would also be compliant with the Colorado Privacy Act (“CPA”).  And, as the Colorado Attorney General has made clear, interoperability is an important guiding

2022 proved to be an historic year for privacy and data security.  Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states.  For the first time, federal privacy legislation advanced to a House Subcommittee, and though the American Data Privacy and Protection

On December 22, 2022, France’s National Commission for Technology and Freedoms (“CNIL”) fined Microsoft’s Irish subsidiary 60 million euro for failure to comply with Article 82 of the French Data Protection Law (known as the “Loi Informatique et Libertés”). Article 82 is France’s implementation of the EU’s ePrivacy Directive, and it generally requires that any

On December 21, the Colorado Attorney General released a revised draft of the Colorado Privacy Act Rules. 

We will be providing in-depth analysis in coming days and weeks, but at first review, the revised rules appear to represent a fine-tuning as opposed to a complete overhaul.  Some of these changes – such as additional flexibility

With its draft rules, Colorado has set forth a new model for state privacy laws.  While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as rules on topics that have been notably absent from California’s draft rules.  Ballard partners Phil Yannella and Greg

On November 15, 2022, the FTC announced that it was extending by six months the deadline for companies to comply with some portions of the updated Safeguards Rule. The extension comes as a welcome relief to companies racing to meet the rapidly nearing effective date.

The FTC approved changes to the longstanding Safeguards Rule in

On November 9, 2022, New York Department of Financial Services (NYDFS) Superintendent Adrienne Harris announced that the NYDFS formally proposed an updated cybersecurity regulation.  Although the updates had previously been released in draft form, the formal announcement commences the 60-day comment period. 

The proposed regulations would create three different tiers of companies based on

On October 20, 2022, Texas Attorney General Ken Paxton brought suit in Texas district court against Google for alleged violations of the Texas Capture or Use of Biometric Identifier Act (“CUBI”).  The  petition claims that Google violated CUBI by collecting, analyzing, and storing the facial geometry of individuals who appear in photos that have

In the past several months, plaintiff’s lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5000 per occurrence or more.  The lawsuits focus on the use of chatbots, “session replay” software, and tracking code embedded in websites. Plaintiffs contend these tools enable the