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Virginia recently joined California in enacting a comprehensive data protection law intended to protect the privacy of its residents. The Virginia Consumer Data Protection Act (the “VCDPA”) is scheduled to take effect on January 1, 2023, so impacted businesses have significant lead time to prepare. This is the first of two posts covering the VCDPA.
The VCDPA has two main goals: (1) providing Virginia residents with expanded rights in connection with their personal data, and (2) imposing obligations on businesses, such as securing personal data, limiting use of personal data to disclosed purposes, and flowing down requirements to processors receiving personal data. While many of the details differ, the overall approach of the VCDPA is very reminiscent of the European Union’s General Data Protection Regulation (“GDPR”) but without some of the more prescriptive elements. Businesses with existing GDPR or Cal
On April 29, 2021, the Federal Trade Commission (FTC) hosted a virtual
Bringing Dark Patterns to Light,” to examine “dark patterns.” In her opening remarks, Acting FTC Chairwoman Rebecca Kelly Slaughter broadly described “dark patterns” as “user interface designs that manipulate users into taking unintended actions that may not be in their interests.” Chairwoman Slaughter highlighted several examples of dark patterns, including confusing cancellation procedures that force users to navigate multiple screens, online applications that hide the material terms of a product or service through the use of inconspicuous drop down links and auto-scroll features, and the addition of products to users’ shopping carts without their knowledge or consent.
Tuesday, May 11, 2021
With 2019 novel coronavirus (COVID-19) vaccines available throughout the U.S., many employers are eager to normalize operations. For business planning purposes, surveying employees regarding their vaccination status may be a helpful tool in understanding if employee are, or plan to become, vaccinated.
If your business is considering surveying employees about their vaccination status, consider these four key legal areas
before you act:
1. Federal guidance from the EEOC
In December 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued guidance addressing vaccination status surveys from a federal law, and specifically an Americans with Disabilities Act (ADA), perspective. The EEOC stated that employers may generally inquire whether employees are vaccinated and ask for proof of vaccination without running afoul of the ADA. However, the EEOC cautioned that inquiring why an employee chooses not to get a vaccine could uncover underly
For most of 2020, the world struggled with COVID-19 and its effects.
Earlier in the pandemic, we published a
Law360 guest article offering privacy guidance to developers interested in creating contact-tracing applications.[1] Now that entire populations are ready to reopen many aspects of their pre-COVID-19 lives, we found it fitting to update our previous guidance with certain additional privacy and employment issues.
COVID-19 vaccines offer hope, but specific questions nonetheless remain.
For instance, how do concert halls, airports, sports arenas, theaters and schools looking for ways to control this pandemic verify the vaccination status of the individuals they seek to serve?
In June of 2020, Apple made an announcement at its annual Worldwide Developers Conference (WWDC) that sent shockwaves throughout digital advertising. With iOS 14, all app marketers would have to prompt their users and request consent to ad tracking, which Apple would enforce through its AppTrackingTransparency (ATT) framework. Since then, so much has happened, including multiple updates to Apple’s policy and enforcement delays; but as of now, Apple has finally released iOS 14.5 and thus, begins its enforcement.
What is ATT and what does it mean for digital advertising?
ATT is Apple’s mechanism to request user consent. Once prompted, users will either opt-in or opt-out of ad tracking.