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Digital Media, Technology & Privacy Alert >> California Legislature Passes Yet More Privacy Bills – Internet of Things & CCPA Amendment - Alert - 09/25/2018

California continues to take the most active role of any state in regulating privacy and imposing obligations on businesses. With the upcoming January 2020 deadlines for the CCPA and the proposed IoT law, business should continue – or begin, if they have not already done so – their efforts to comply.

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Digital Media, Technology & Privacy Alert >> States Update Data Breach Notification Laws Amidst GDPR Commotion - Alert - 07/16/2018

It is clear that local and state lawmakers are making data privacy protection requirements a legislative priority. As lawmakers continue to amend or enact new data protection and data breach notification laws, it will be crucial that all affected organizations ensure their policies and procedures are keeping pace and are compliant with the current state of the law.

 

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Digital Media, Technology & Privacy Alert >> California Has a New Privacy Law. It Could Have Been Much Worse - Alert - 07/02/2018

The Act becomes operative on January 1, 2020. In the meantime, the Attorney General will issue more detailed regulations. Nevertheless, companies doing business in California that collect consumers’ personal information – online or otherwise – should begin considering how to comply with this new privacy law as soon as possible.

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Digital Media, Technology & Privacy Alert >> Vermont Enacts First U.S. Law Governing Data Brokers - Alert - 06/05/2018

The Vermont data broker registration requirement commences on January 1, 2019, giving data brokers subject to the law some time to become familiar with its requirements and to begin compliance efforts. After years of talking about data brokers, the first law in the nation to broadly address this industry could open the floodgates to more privacy legislation. More than ever, those involved in the collection and use of consumer data should evaluate their practices in light of new and pending legislation.

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Trademark >> What’s In a Name? - Alert - 05/24/2018

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Digital Media, Technology & Privacy Alert >> Two Bills Introduced in U.S. Senate Seek to Enhance Consumer Privacy Protections - Alert - 05/14/2018

With the Facebook data breach, GDPR, and security issues attracting much attention these days, Congress has introduced two bills aimed at providing broader consumer privacy protections: The CONSENT Act and the Social Media Privacy Protection and Consumer Rights Act of 2018. While lawmakers have clearly displayed a renewed focus on consumer privacy, it remains to be seen if Congress will ultimately enact legislation as a result.

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Digital Media, Technology & Privacy Alert >> U.S. Ad Tech Companies Collecting EU Data Must Prepare for the GDPR - Alert - 04/18/2018

With fines that can reach up to €20 million or 4% of worldwide annual revenue, the cost of non-compliance under the GDPR could be much more significant than it has been under the prior data privacy framework in the EU. With a little more than one month before the GDPR becomes enforceable, all ad tech companies, even those located outside of the EU, must now find a solution to meet the GDPR's requirements before collecting, using or sharing personal data from consumers in the EU and EEA.

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Digiday // WTF is the CONSENT Act - Press Mention - 04/17/2018

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Digital Media, Technology & Privacy Alert >> South Dakota Becomes 49th State to pass Data Breach Notification Law  - Alert - 03/22/2018

A patchwork of state, federal and international rules impose data breach notification obligations on companies. Every company subject to these rules must have a data breach response plan in place that complies with each state's requirements.

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Digital Media, Technology & Privacy Alert >> What We Can Learn from the FTC's 2017 Privacy and Data Security Update - Alert - 03/13/2018

The FTC exercises broad reach over privacy and data security issues across numerous industries. The Report shows a continuing trend towards more enforcement actions and increased penalties. All companies should review their privacy and data practices to confirm that they are in compliance with applicable law, including with respect to consumer-facing disclosures and internal data security practices.

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Digital Media, Technology & Privacy Alert >> With GDPR Deadline Looming, Ad Tech Community Proposes Collaborative Industry Solution - Alert - 02/20/2018

Ad tech companies, and all other businesses subject to the GDPR, are facing an imminent compliance deadline. Companies may be able to seek GDPR-compliant solutions through their own internal initiatives, using third-party services or collaborating with others in the industry.

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Advertising, Marketing & Promotions Alert >> FTC Announces First COPPA Action Involving Connected Toys - Alert - 01/11/2018

As the first COPPA case involving connected toys, the FTC's settlement with VTech should be a reminder to all companies that they must fully comply with COPPA and must take reasonable steps to protect sensitive data, particularly any data collected from children. In addition, companies should review their privacy policies to ensure that they are not making any misrepresentations in their policies, particularly with respect to the security and confidentiality of the personal information collected from users.

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Digital Media, Technology & Privacy Alert >> Behavioral Advertising Developments: A Compliance Warning and an Enforcement Action - Alert - 01/04/2018

Companies engaged in IBA should pay particular attention to two recent compliance developments regarding the enhanced notice in video ads and the new cross-device guidance. As advertising retargeting methods and media continue to evolve, companies must always consider at the outset of any campaign the DAA Principles to ensure compliance.

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Digital Media, Technology & Privacy Alert >> Internet Vendors Now Face New Tax Obligations in Massachusetts - Alert - 10/05/2017

Internet marketers and vendors with customers in Massachusetts, Ohio and Rhode Island should pay particular attention to the new regulation and legislation that expands the tax nexus for out-of-state vendors making Internet sales in those states. Vendors should consult with a tax professional in order to evaluate if they meet the sales and transaction thresholds, and, if so, bring their sales tax practices into compliance with the new legislation. In addition, Internet vendors with operations in other states should recognize that a similar regulation or statute may be proposed or enacted in their state and prepare accordingly.

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Advertising, Marketing & Promotions Alert >> FTC Reviews Rules, including CAN-SPAM, to Keep Pace with Changing Times - Alert - 07/17/2017

The FTC has announced its plans to review the Picture Tube Rule, the Textile Rules, the Energy Labeling Rule and the CAN-SPAM Rule. These rules aim to protect consumers while promoting healthy competition between businesses. The FTC's regulatory review is part of its ongoing effort to stay current with technology without burdening businesses with outdated and unnecessary regulations. The FTC is seeking public comment regarding the costs and benefits of each rule to identify where they should make modifications or rescissions.

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Digital Media, Technology & Privacy Alert >> Big Changes to Canada's Anti-Spam Law Effective July 1 - Alert - 06/29/2017

Although advertisers may not have to be concerned with private lawsuits at this time, they still must comply with CASL – and the Canadian Radio-television and Telecommunications Commission retains the authority to enforce the law, and has been actively doing so for the past three years. With the elimination of historical implied consent, advertisers must obtain express consent to send CEMs to such addresses or cease sending CEMs to people who do not provide express consent or who withdraw it.

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Digital Media, Technology & Privacy Alert >> T Minus 1 Year Until GDPR: Are You Ready for Take Off? - Alert - 05/24/2017

It remains to be seen what will happen after the GDPR becomes effective on May 25, 2018. The GDPR compliance roadmap can be helpful for any organization that collects or processes personal data, whether or not an organization in or outside of the EU believes it is subject to the GDPR. With just one year of the two-year implementation period left, organizations should be well on their way to preparing for the impact of the new regulation.

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Intellectual Property Litigation Alert >> Breach Of Contract Claims Allowed For Alleged Open Source License Violations - Alert - 05/18/2017

A recent California decision allowed breach of contract claims for GPL violations in connection with the use of open source software. As the decision shows, reliance on arguments that the GPL is not a contract or that corresponding contract claims are preempted by copyright law may prove misplaced. Accordingly, businesses should carefully consider contract law implications when licensing and using GPL-governed code.

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Digital Media, Technology & Privacy Alert >> Trump Affirms Congress’s Repeal of the FCC’s Broadband Privacy Rules - Alert - 04/04/2017

Last fall, the FCC and FTC both hailed the FCC privacy rules. After the change in administrations, the FCC and FTC both agreed to rescind such rules. Therefore, it remains to be seen how privacy and data security will be regulated going forward. Companies in all industries should keep abreast of developments.

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Digital Media, Technology & Privacy Alert >> FTC’s New Staff Report Applies Privacy Principles to Cross-Device Tracking - Alert - 01/31/2017

Between the new FTC guidance and pending DAA enforcement, cross-device tracking is an issue that promises to be of increasing importance for the online advertising industry as the year progresses. Publishers, ad tech companies, advertisers, agencies and other members of the ecosystem should make every effort to understand the changing regulatory landscape and how to remain in compliance should they choose to take advantage of these technologies.

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Digital Media, Technology & Privacy Alert >> FTC Report on 'Sharing' Economy Highlights Business Issues and Potential Regulatory Concerns for Platforms, Buyers and Sellers - Alert - 11/28/2016

The FTC's interest in sharing economy platforms is not surprising, given the industry's reliance on the collection and use of vast amounts of data. Each participant in this ecosystem, from platforms to buyers to sellers, has unique privacy, data security and disclosure needs and requirements. Therefore, all participants in the sharing economy should reexamine their practices based upon the issues highlighted in this report and numerous prior FTC reports.

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Digital Media, Technology & Privacy Alert >> Enforcement of DAA Cross-Device Guidance to Begin on February 1, 2017 - Alert - 11/03/2016

Industry members that engage in data collection and use covered by the DAA Principles but that have not yet fully complied with the DAA cross-device guidance should take careful notice of the February 1 deadline and should upgrade systems, policies and practices now so that a consumer’s choice can be honored, if they have not yet done so.

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Digital Media, Technology & Privacy Alert >> A Fallen Warrior in the Game of Mobile Privacy  - Alert - 10/20/2016

Teams, leagues and businesses seeking to take advantage of mobile technology need to carefully consider how to implement mobile technology offerings with transparent disclosures, clear consent and built-in privacy protections. Companies should also take advantage of self-regulatory programs, trade associations and industry organizations, all of which can provide guidance on best industry practices.

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SC Magazine // A New Ethics?: Moral Compass - Press Mention - 10/03/2016



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