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Data privacy is an ongoing hot topic. Since the European Union’s General Data Privacy Regulation (GDPR) became effective in 2018, many nations have followed suit and passed or proposed laws providing consumers with more control over their data. While the U.S. is trailing behind with no comprehensive national privacy law in the works, states are forging their own path. In 2018, California passed a state privacy law with features similar to the GDPR that became effective last January. Predictably, other states have been working on their own privacy laws. As more individual states create privacy policies, it is crucial that organization stay apprised of developments. While managing compliance obligations can seem like a daunting task, planning ahead and creating solid policies can simplify the process.
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The recent passage of the California Privacy Rights Act (“CPRA”) has ushered in the first agency in the United States created for the sole purpose of protecting the privacy rights of Californians: the California Privacy Protection Agency (“CPPA”). The CPPA will have the full administrative power, authority, and jurisdiction to implement and enforce the California Consumer Privacy Act (“CCPA”) and the CPRA. Because of the potential for exposure due to violations, businesses should familiarize themselves with the new law and the accompanying requirements before enforcement commences. The CPPA is governed by a five-member board, consisting of Jennifer M. Urban, John Christopher Thompson, Angela Sierra, Lydia de la Torre, and Vinhcent Le, whose appointments were recently announced. The CPPA will have three main functions: education, rulemaking, and enforcement. Below is a synopsis of the CPPA’s predominant functi
Wednesday, April 7, 2021
Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will have an immediate impact on compliance efforts for many Virginia businesses.
The law includes elements similar to those found in the California Consumer Privacy Act (CCPA) and the newly enacted California Privacy Rights Act (CPRA), such as provisions granting Virginia residents the right to access, correct, delete, know about, and opt out of the sale and processing of their personal information for “targeted advertising” purposes. Similar to the European Union’s privacy analog, the General Data Protection Regulation (GDPR), the VCDPA imposes data security and consumer response obligations on the data “controller” and “processor”
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Virginia has joined California as the second state to enact a comprehensive data privacy law. On March 2, 2021, Virginia Governor Ralph Northam signed the Virginia Consumer Data Protection Act (VCDPA) into law. The VCDPA does not go into effect until January 1, 2023, but the broad privacy mandate will have an immediate impact on compliance efforts for many Virginia businesses.
The law includes elements similar to those found in the California Consumer Privacy Act (CCPA) and the newly enacted California Privacy Rights Act (CPRA), such as provisions granting Virginia residents the right to access, correct, delete, know about, and opt out of the sale and processing of their personal information for “targeted advertising” purposes. Similar to the European Union’s privacy analog, the General Data Protection Regulation (GDPR), the VCDPA imposes data security and consumer response obligations on the data “controller” a
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While the term dark patterns is not new, it has
recently been getting a more attention, not least because the newly
passed California Privacy Rights Act ( CPRA ) will
regulate dark patterns. In this article, we will focus on what dark
patterns are, how your business should be thinking about them, and
how CPRA is approaching this issue.
What are Dark
Patterns?
The term dark patterns stems back to comments made by user
interface expert Harry Brignull on or around 2010, which he
described as mechanisms that could be employed within software to