California AG Offers Cryptic CCPA Enforcement Summaries, and Launches Complaint Tool

On July 19, the Office of the Attorney General of California (OAG) issued a press release summarizing its first year of CCPA enforcement. Seventy-five percent of companies receiving a notice to cure are said to have come into compliance within the 30-day cure period, with 25% reportedly still within that period or under ongoing investigation. The OAG also published summaries of 27 resolved exemplary cases. The OAG was careful to note that the summaries do not constitute advice and do not include all of the facts, however they do offer some insights. Disappointingly, however, the summaries often lack enough detail to allow readers to surmise the enforcement posture that was taken by the OAG, the exact nature of the alleged violations, or the specific actions taken by the company that satisfied the OAG’s inquiry.

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Colorado Governor Signs Consumer Privacy Law

With the stroke of his pen on July 7, Governor Jared Polis (D) signed the Colorado Privacy Act (CPA or Act) into law, making the Centennial State the third U.S. state to pass comprehensive consumer privacy legislation.  The Act, passed by the legislature on June 8, is a combination of elements of California and Virginia consumer privacy laws, possibly creating a harmonization model for other states to follow.  For a comprehensive comparison of the three states’ laws click here.   The CPA will be enforceable as of July 1, 2023.

What is the Cookieless Future?

With this post, we are excited to announce the launch of our Cookieless Future Webinar Series. The Association of National Advertisers will host our first program on Thursday, July 29. Register here to attend free.

The so-called “cookieless future” is a result of Google’s planned deprecation of third-party cookies on its Chrome browser, which it announced in January 2020. With a significant amount of digital advertising activities being dependent on information collected by third-party cookies, Google and the rest of the advertising technology industry, as well as publishers and advertisers/marketers, are developing and seeking out alternatives. Central to the non-Google technology will be alternative ID solutions based on information other than cookie IDs, such as email addresses. Because the effectiveness of an organization’s use of certain cookie replacements, such as alternative ID solutions, will likely hinge upon the quality and amount of its first-party data, many companies are amassing troves of first-party data in a variety of ways.

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Your NFT Playbook

Overview

The buzz surrounding non-fungible tokens (NFTs) reached a fever pitch with the US$69 million sale of an NFT by digital artist Beeple in March 2021. While artwork has remained the predominant use of NFTs – and generated a good deal of media hype along the way − companies across a variety of industries are coming up with new and innovative use cases for NFTs – and turning to our multidisciplinary global team for guidance in the uncharted territory surrounding these digital assets.

First: What Is an NFT?

NFTs are unique tokens based on blockchain technology. Unlike cryptocurrency tokens such as bitcoin, which are fungible, NFTs are digitally unique – no two NFTs are alike. The unique nature of NFTs, as well as the security and other advantageous features of blockchain technology, provide a number of unique benefits, including:

  • Verification of ownership and authenticity
  • Driving of value of digital assets through scarcity
  • Built-in smart contracts for re-sale royalties for artists and other NFT creators
  • Decentralization of digital asset ownership, management and transfers (in other words, independence from large platforms)

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First CA Consumer Rights Requests Metrics Reporting Due

CCPA-California-Consumer-Privacy-ActThe deadline is fast approaching for businesses that buy, receive, sell, or share the personal information of 10 million or more California consumers to report their California Consumer Privacy Act (“CCPA”) rights requests metrics. On July 1, 2021, these businesses must report certain data (outlined below) in their privacy policy or elsewhere online accessible via a link in their privacy policy.

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New Laws on Biometric, RFD and Other “Sensitive” Data Collection and Use

Regulations governing biometric data collection, use, and processing have already been complex and strict with the Illinois’ Biometric Information Privacy Act (“BIPA”) as well as the biometrics laws in Washington and Texas. BIPA, which has a private right of action, has generated a flood of class action litigation. New York City has recently added to the mix by passing two new biometrics laws, the Tenant Data Privacy Act (“TDPA”) and an amendment to the New York City Administrative Code (“NYC Administrative Code”), both of which set forth requirements when it comes to processing of biometric data that expand consumers’ rights and impose obligations on processing biometric data.

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New Competition Regulations Aimed at Big Tech

Big DataOn June 11, 2021, the US House introduced five antitrust bills aimed at Big Tech. At the same time, across the Atlantic, a meeting in Cornwall, England, of the Group of Seven world leaders ended with a joint communique calling for cooperation on a number of digital matters.

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SPB speaks at Cyber Security & Data Privacy ConfEx

Squire Patton Boggs is pleased to announce senior associate, Kristin Bryan will host a presentation during the Cyber Security & Data Privacy ConfEx. This case study presentation, titled, “What Do the Next Four Years Hold for Cyber Security & Data Privacy in the USA Region?” will take place June 16, 2:20-3:00pm PDT. Topics will include, how organizations are seizing opportunities presented by their digitization journey, addressing unique cybersecurity and trust challenges in the U.S., maintaining control of your data, and building a competitive advantage, as well as understanding how your data is managed.

For more information about this conference or to register, please visit the Cyber Security & Data Privacy ConfEx website.

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New Standard Contractual Clauses for the Transfer of Personal Data Outside the EEA – Adopted On the Eve of Publication

The much-awaited new Standard Contractual Clauses (“SCCs”) have been adopted by the European Commission on June 4, 2021 and should be published in the next few weeks.

The nPadlock and EU flagew SCCs will go into effect twenty (20) days following publication in the Official Journal of the European Union (“EU”) and the old SCCs will be repealed three months after that date (“Date of Repeal”).

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Informational Privacy as a Branding & Asset Management Opportunity

Informational privacy is a hot topic. Just recently new privacy laws in California and Virginia have brought Europe-inspired requirements on how companies process personal information to the US.

Data is a valuable, but challenging asset.

Organizations can only meaningfully protect, and effectively make the most of, their digital assets if they know what data they have, the usage limitations that apply to it and where it resides and who has access to it. Data management is a huge challenge for organizations in the modern hyper-connected tech-enabled world; yet challenges can be turned into opportunities by organizations willing and able to step-up to them.

Data management is not just about legal compliance.  In many ways, it comes down to branding. Continue Reading

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