Some modern data privacy statutes mandate that organizations allow third parties – who are authorized by a data subject – to submit access, deletion, correction, or other requests on behalf of a consumer. Such third parties are sometimes referred to as “authorized agents” – a term created by the regulations implementing the CCPA. The following
Modern state privacy laws mandate that agreements with service providers or processors contain specific contractual provisions to govern the parties’ relationship. Which provisions should be included in a vendor agreement, however, differ by state statute. In addition, some state privacy laws impose statutory obligations upon vendors that do not necessarily need to be memorialized in
Modern state privacy laws confer upon individuals the ability to ask for their personal information to be deleted. Statutes differ, however, in the scope of the “deletion right.” For example, some states only permit consumers to request the deletion of personal information that the consumer provided to the organization (allowing the organization to keep personal
Many modern data privacy statutes rely heavily on regulatory enforcement. The amount of civil penalty that a regulator can see for violations differs between and among the states. It should also be noted, there may be ambiguity within certain states regarding how violations are “counted.” For example, a business might consider the inadvertent selling of
Many modern data privacy statutes are designed to encourage compliance by permitting organizations to cure an alleged violation of the statute prior to a regulatory enforcement action. The ability to cure may have been included in recognition of the fact that modern data privacy statutes impose obligations that may be foreign to many organizations (i.e.,
The term “targeted advertising” is defined relatively consistently between and among modern U.S. data privacy statutes with the noticeable exception of California which deviates somewhat in the California Privacy Rights Act’s (CPRA) definition of the similar term “cross-context behavioral advertising” by omitting any reference to tracking a person over time, or making predictions about a
Most modern U.S. data privacy statutes require companies to allow data subjects to opt out of having their personal information used for targeted advertising. As the following chart indicates, the term “targeted advertising” is defined consistently between and among most state statutes with the noticeable exception of the California Consumer Privacy Act (CCPA) and its
Modern state privacy laws have attempted to carve out organizations that process de minimis amounts of personal information, or whose business activities do not monetize data. The specific thresholds used, however, differ between states. The following provides a comparison of the thresholds that each statute creates for organizations that are subject to regulatory compliance obligations:
Please join David Zetoony, U.S. Co-Chair of the Data, Privacy & Cybersecurity Group, and Associate Karin Ross for the CLE webinar “An Overview of New State Privacy Laws: CCPA/CPRA, CPA, CTDPA, UCPA, and VCDPA” on Tuesday, May 24 at 10:00 a.m. PT.
The webinar will provide an overview of the modern state data