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Digital Media, Technology & Privacy Alert >> New York Amends Security Breach Notification Law and Imposes New Security Obligations - Alert - 08/07/2019

Companies that own or license New Yorkers’ private information must develop a data security program that is compliant with the SHIELD Act. The program should be documented in a written information security policy and other policies that are drafted specifically to reflect the company’s business, data and operations. In addition, companies should be aware that the obligation to notify an individual of a security breach has now been expanded.

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Digital Media, Technology & Privacy Alert >> New York City Bill Would Bar Sharing of Cellphone Location Data - Alert - 08/05/2019

Mobile location data is recognized by the industry and regulators as sensitive personal data. Therefore, app providers and others in the mobile ecosystem need to be aware of industry best practices and new laws targeting such data, including the recently proposed bill by the New York City Council that would make it unlawful for telecommunications and mobile app providers to share a customer’s location data that was collected while the customer’s mobile device was present in New York City.

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Digital Media, Technology & Privacy Alert >> GDPR’s Inaugural Year: Mistakes Made and Lessons Learned - Alert - 06/27/2019

In GDPR’s inaugural year, except in the case of Google, the low fines indicate that there has been a degree of tolerance for noncompliance as companies continue to determine how to become compliant. However, the past year has shown that no one is immune from regulatory scrutiny, regardless of size, location or industry. It remains to be seen whether regulators will be as forgiving of GDPR violations in year two as they were in year one.

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Digital Media, Technology & Privacy Alert >> Nevada Updates Privacy Law While New York Gets Ready - Alert - 06/26/2019

California may have been the first to enact a comprehensive privacy law, but Nevada will be the first new law to become effective and will certainly not be the last. As evidenced by the updated Nevada law and the proposed New York law, companies may have to comply with inconsistent and perhaps conflicting standards. In order to stay abreast of these many developments, companies need to develop compliance programs with these existing and pending laws in mind.

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Digital Media, Technology & Privacy Alert >> CCPA Update: Blizzard of Bills to Amend Privacy Law Moves Forward in California Assembly - Alert - 04/26/2019

The marketing industry has been pleading for amendments to the CCPA and some helpful amendments have now been advanced. Should these amendments become law, they could offer some relief to the industry. Regardless, the industry is still awaiting the California Attorney General to issue implementing regulations, and those regulations will be critical to developing a comprehensive CCPA compliance program.

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Digital Media, Technology & Privacy Alert >> CCPA Update: Preparing for the CCPA – 10 Things You Can Tackle Now - Alert - 03/01/2019

In the ever-changing landscape of the U.S. privacy space, businesses should not take a wait-and-see approach when it comes to CCPA compliance. The ten action items outlined in this Alert will not only assist businesses with CCPA compliance, but may also assist with compliance with other new privacy laws and standards and serve as best practices.

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Digital Media, Technology & Privacy Alert >> CCPA Update: California Public Forums and Other Proposed State/Federal Legislation - Alert - 01/29/2019

Taken together, these legislative developments are indicative of the increasingly complicated and potentially confusing data privacy regime that lies ahead. What remains clear is that businesses that process personal information need to remain diligent about privacy and data security compliance in this rapidly changing landscape.

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Digital Media, Technology & Privacy Alert >> Happy New Year, Data Brokers! Now, Register with Vermont - Alert - 12/20/2018

Vermont’s law governing data brokers takes effect in a few days. If you think you are a data broker who falls within the law, now is the time to take all steps necessary to comply.

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Digital Media, Technology & Privacy Alert >> 1-800 Contacts Unlawfully Restricted Competitors' Trademark Use In Search Engine Marketing - Alert - 11/19/2018

The FTC has made clear that some common online advertising methods, such as bidding on a competitor's trademark in search engine marketing, may not always be contracted away, especially when they result in restricting consumers' access to competitive pricing information. Parties to intellectual property and online advertising disputes often enter into confidential settlements to resolve their claims. However, when considering such agreements, parties must now also consider the potential impact upon consumers.

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Digital Media, Technology & Privacy Alert >> New Law Creates Data Breach Safe Harbor for Companies With Written Security Programs - Alert - 11/15/2018

While there are more laws that require companies to implement reasonable security practices, the Act is the first U.S. law that provides this type of safe harbor to companies that do so. Therefore, every company should implement a comprehensive written information security program, or review and update any existing programs.

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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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