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It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting business models, regulatory activity, legislative attention, and judicial rulings. As such, website operators must be aware of the changes that impact their existing policies and practices and any resulting liability risks. This alert provides a brief summary of issues and recent legal events that may affect your website and governing policies.
A recent California case makes it possible for any business that conducts business online to be sued in California court for failing to provide reasonable accommodations for disabled site users. This means that websites should incorporate accessibility solutions that allow impaired or disabled users to navigate the website or mobile application.
California Attorney General Issues Additional CCPA Regulations Advancing Consumer Protections
On March 15, 2021, the California Attorney General (“AG”) approved additional CCPA regulations to enhance consumer protections for opting out of the sale of information. These regulations come after the third set of modifications was approved last October, and after the California Privacy Rights Act of 2020 (“CPRA” or “CCPA 2.0”) passed the state referendum, and will become effective in January 2023. Specifically, the AG’s office noted that the approved regulations ban “dark patterns” that delay or obscure the opt out process, and prohibit the burdening of consumers with confusing language or unnecessary steps, such as forcing them to click through multiple screens, or presenting reasons why they should not opt out.
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Throughout the month of February, states continued to introduce
new privacy laws of their own as Congress remained preoccupied with
enacting an additional COVID-19 relief package. Virginia emerged as
the primary highlight of the month, as the state s enactment of
the Consumer Data Protection Act (CDPA) on March 2 makes Virginia
the second state to enact a comprehensive state data privacy law in
the U.S., after the California Consumer Privacy Act of 2018 (CCPA).
In addition to Virginia s enactment of the law, lawmakers in
California and other states have continued to unveil a slate of
GDPR. CCPA. CPRA. And now⦠CDPA? Data privacy law acronym bingo lives another day.
Virginia this month passed the Consumer Data Protection Act (CDPA). The bill grants consumer rights to access, correct, delete and obtain a copy of personal data and to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data or profiling of the consumer. It marks the fourth comprehensive state consumer data privacy legislation in the United States, joining California, Maine and Nevada.
The bill becomes effective Jan. 1, 2023. Turns out thatâs the start of a big year for marketers because the California Privacy Rights Act (CPRA), which extends provisions of the California Consumer Privacy Act (CCPA), becomes fully operative that day.
U.S. Rep. Suzan DelBene, D-Wash. U.S. Rep. Suzan DelBene, D-Wash., has reintroduced a bill that would create a nation-wide data privacy standard to be enforced by the Federal Trade Commission that in its latest version is intended to gather bipartisan support by addressing specific Republican concerns.
DelBene s Information Transparency and Personal Data Control Act, if passed, would replace a patchwork of current state laws and provide an influx of $350 million to the Federal Trade Commission s budget to enforce these proposed regulations. The new DelBene bill marks an interesting start for the relaunch of the effort to advance federal privacy law, says Omer Tene, vice president of the International Association of Privacy Professionals. Specifically, while coming from the Democrats side of the aisle, the bill is largely preemptive of state privacy laws and would not allow a private right of action.