On September 18, 2023, the United States District Court for the Northern District of California granted a preliminary injunction to NetChoice, a tech umbrella group, against California Attorney General Rob Bonta from enforcing the California Age-Appropriate Design Code Act (CAADCA). The court found the CAADCA, which was slated to take effect on July 1, 2024
On July 13, 2023, a three-judge Ninth Circuit panel denied Google’s challenge of its earlier decision in Jones v. Google, which held that state privacy law claims in a putative class action are not preempted by the federal Children’s Online Privacy Protection Act (COPPA). The December decision reversed a lower court’s dismissal of the
This is one of the questions the Court of Justice of the European Union (CJEU) was asked to examine in case C-252/21 between Meta Platforms and the German Federal Cartel Office, in which it delivered a judgment on July 4th
Until now, fines by the Belgian Data Protection Authority (BDPA) had, compared to its neighbouring countries (France, Luxembourg, and the Netherlands), appeared on the low side in absolute numbers.
Last year we carried out an analysis of over 300 fines related to (alleged) infringements of the General Data Protection Regulation (GDPR), including the top 250
When the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy. Companies, trade associations, and even some non-governmental organizations questioned whether the law’s broad reach was not just counterproductive and likely to invade consumer privacy, but preempted by federal law and
The Internet of Things (IoT) segment has grown, and with it have come many examples of vulnerable products, from babycams whose feeds could be viewed by strangers online to hackable implantable cardiac devices. There are also infamous examples of botnets (i.e., clusters of hacked devices) featuring millions of IoT devices with one common trait: weak
At a press conference on August 11, 2022, the Federal Trade Commission (FTC or Commission) announced an Advance Notice of Proposed Rulemaking (ANPR), which was published, along with a fact sheet, to explore potential new rules governing what the FTC characterizes as prevalent “commercial surveillance” and “lax data security practices.” The FTC issued the
Since it started in May 2018, enforcement of the rules of the General Data Protection Regulation (GDPR) across the EU has revealed various national trends and differences in approach. Yet one difference seems to dwarf all others: the variation in the amount of the fines for GDPR violations. This has led the European Data Protection
On May 12, 2022, the European Data Protection Board published guidelines with a methodology for calculating fines for violations of the General Data Protection Regulation (GDPR). These guidelines were subject to a public consultation until June 27, 2022.
Because these guidelines are likely to have an influence on future decisions by data protection authorities in
In the continuing absence of Congressional action on a comprehensive U.S. federal privacy law, five states have now enacted their own laws. We previously provided a summary of the California, Virginia, and Colorado laws (available here), and Connecticut and Utah have since enacted new privacy laws. The Connecticut Act Concerning Personal Data Privacy and
