Privacy Law Roundup

July 19, 2023    

Speakers from Squire Patton Boggs and Prodege gave an overview of what brands need to know to comply with the growing number of state privacy laws. They also discussed important privacy litigation and enforcement issues including pixels and cookies, health and video data, session replay and chat bot "recordings," and security breaches.

Key Takeaways

• Consent is now required for many digital ad use cases.
• "Child" = under 18 (in many jurisdictions).
• Do not ignore health data laws/regulations. They may apply to your company.
• Cookie-based and web-based opt-outs alone are not enough for digital advertising privacy compliance.
• Public-facing compliance is no longer sufficient. Regulators in a growing number of states have the ability to audit and/or demand production of data protection impact assessments (DPIAs).
• The best litigation defense is a strong offense (e.g., robust compliance practices in areas of data and cyber). The use of arbitration provision is more nuanced than in the past due to the threat of mass arbitration.
• The risk of litigation extends to officers and directors and is not limited to putative class actions.
• Schrems-like third-party complaint mechanisms are now available in California.

CLE Materials

• Session Presentation
• Are You July-1-READY? 2023 Privacy Laws and Regulations Call for Revisiting Your 2022 End-of-Year Compliance Efforts
• Comparison of Required Data Processing Terms
• Data Protection Assessment Requirements: Comparative Chart
• Governor Inslee Signs Washington My Health My Data Act Into Law: First-of-Its-Kind Consumer Health Data Law, Explained
• Health (and Health-ish) Data and Advertising Under Scrutiny
• Navigating Data Privacy Assessments Amid New State Laws
• Navigating Personal Data Practices Assessments Amid New State Laws
• State Privacy Laws: Preparedness Guidance and Recommendations
• The Bare Minimum and More: Complying with the Contracting Requirements Under U.S. Privacy Laws

Source

"Privacy Law Roundup." Kyle Fath, partner at Squire Patton Boggs; Kristin Bryan, partner at Squire Patton Boggs; Niloufar Massachi, senior associate at Squire Patton Boggs; Phyllis Culbertson, former head of legal privacy at Prodege. ANA Law 1-Day Conference, 7/19/23.