On June 1, 2020, California Attorney General Xavier Becerra submitted the final package of regulations implementing the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL) for approval. The regulations reflect key CCPA compliance obligations for businesses, including specific actions that must be taken to allow consumers to exercise their rights
FTC Settles with Digital Game Company Over Allegedly False COPPA Safe Harbor Claims
One of the first formal privacy safe harbor programs was created under the Children’s Online Privacy Protection Act (COPPA). Put simply, businesses are deemed in compliance with COPPA if they belong to an FTC-approved COPPA safe harbor program and follow the safe harbor program’s guidelines. But the FTC takes seriously any false claim about participation
Federal Agencies Continue Crackdown on Bogus COVID-19 Claims
The COVID-19 pandemic has prompted regulatory agencies to take swift action against companies that falsely advertise their products as treatments for the virus. As we previously reported, the Federal Trade Commission (FTC) and Food and Drug Administration (FDA) issued joint warning letters to seven companies in March for advertising and selling products or services
Smart Lock Manufacturer Settles Alleged False Security Claims with FTC
Canadian company Tapplock, Inc. sells smart locks to the U.S. market that the company advertised as “sturdy,” “secure,” and even “unbreakable.” Tapplock’s assurances that the locks were strengthened with “double-layered lock design” and made with “anti-shim and anti-pry technologies” could be quite an enticement for consumers looking for top-of-the-line connected home security. There was a
FTC and FDA Warn Companies About Coronavirus Treatment Claims
As fears escalate over the spread of coronavirus (COVID-19), scared consumers may be more susceptible to claims by companies offering cure-all remedies. The Federal Trade Commission (FTC) and Food and Drug Administration (FDA) are aware and looking out for consumers. The two agencies sent joint warning letters to seven companies – Vital Silver, Quinessence
UK ICO Finalizes Rules for Children’s Content
The UK Information Commissioner’s Office (ICO) recently finalized its Age-appropriate design: a code of practice for online services (the code). The code applies to any “relevant information society services which are likely to be accessed by children” (by which the ICO means minors under age 18), whether designed for kids or general audiences. The new
FTC Seeks Comments on Revamping its Endorsement Guides
At a time when influencers are making a living – and sometimes millions of dollars – for promoting everything from eye shadow to the latest smartphone, the Federal Trade Commission (FTC) is reassessing its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the Guides). The Guides provide direction to businesses that use influencers
NIST Solicits Comments on Revised Draft IoT Cybersecurity Device Guidance
On January 7, 2020, the National Institute of Standards and Technology (NIST) released a draft of revised cybersecurity recommendations for IoT devices at both the pre-market and post-market stages. NISTIR 8259, Recommendations for IoT Device Manufacturers: Foundational Activities and Core Device Cybersecurity Capability Baseline, identifies six voluntary steps manufacturers should take to account
The EU Advocate General Opinion is Out: Standard Contractual Clauses are Valid
Businesses that rely on standard contractual clauses (SSCs) to transfer personal data outside the European Economic Area (EEA) just got good news. The long-awaited decision from the EU Advocate General (AG) is here: SCCs are valid. The AG’s opinion, although non-binding, is significant for the case brought by Austrian privacy activist Max Schrems against Facebook,
FTC Publishes Practical Guidance for Influencers
From beauty gurus on Instagram to product reviewers on YouTube, influencers are big business for brands. However, the intentions aren’t always clear when reading the advice of a celebrity fitness trainer who was paid for his endorsement or watching a video of a fashionista who just received a new wardrobe from the clothing company she