data privacy

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On July 24, 2025, the California Privacy Protection Agency (“CPPA”) unanimously voted to adopt a package of Proposed Regulations for the California Consumer Privacy Act (“CCPA”), marking a significant development in California privacy law. These cover Automated Decision-making Technology (“ADMT”), mandatory Cybersecurity Audits, Risk Assessments, and clarifications for the CCPA’s applicability to Insurance Companies. The package will move into its final review stage before formal enactment, once filed with the California Office of Administrative Law.

CCPA Steering Toward Operational Compliance

This is a clear signal that privacy compliance expectations in California are trending toward a more operational phase. The new rules are designed to give Californians greater control over how their personal information is used while pushing businesses toward higher levels of transparency and accountability, especially when automated decision-making and high-risk data processing is involved. For companies, this is more than just a theoretical update – it’s a clarion call to ensure these requirements are built into day-to-day governance, technology and process design, and vendor management practices.Continue Reading California Privacy Protection Agency (CPPA) Finally Voted to Adopt Much Debated Update to CCPA Regulations: What Your Business Should Know

On May 19, 2025, the California Senate Appropriations Committee, which handles budgetary and financial matters, held a hearing on California Senate Bill 690 (SB 690).  The proposed bill would amend the California Invasion of Privacy Act (CIPA) by adding an exception to the statute which has the effect of permitting use of tracking technologies for…

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California Senate Bill 690 (SB 690), introduced by Senator Anna Caballero, is continuing to proceed through the California state legislative process. The proposed bill would amend the California Invasion of Privacy Act (CIPA) by adding an exception to the statute which has the effect of permitting use of tracking technologies for “commercial business purposes.” CIPA…

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The California Privacy Protection Agency (“CPPA”) has made it abundantly clear: privacy compliance isn’t just about publishing the right disclosures – it’s about whether your systems actually work. On May 6, the agency fined Todd Snyder, Inc. $345,178 for failures that highlight a growing regulatory focus on execution of California Consumer Privacy Act (“CCPA”) compliance. The action sends a powerful message: even well-resourced companies are not insulated from enforcement if they don’t actively test and manage how privacy rights are honored in practice.

Not Just Tools – Working Tools

The action against Todd Snyder was rooted in executional failure. The company had a portal in place for consumer rights requests, but it wasn’t processing opt-out submissions – a failure that lasted for roughly 40 days, according to the CPPA. The cookie banner that should have enabled consumers to opt out of cookie tracking would disappear prematurely, preventing users from completing their requests.

The company further required users to verify their identity before opting out and requested sensitive personal information, such as a photograph of their driver’s license. The CPPA determined this was not only unnecessary, but a violation in itself. The allegations around improper verification reflect concerns raised in a CPPA Enforcement Advisory issued last year, which cautioned businesses against collecting excessive information from consumers asserting their privacy rights.Continue Reading CPPA Underscores That Businesses Own CCPA Compliance – Even When Privacy Management Tools Fail

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As 2025 begins, businesses across the U.S. will be required to navigate an even more expanded landscape of state-level privacy regulations. In all, eight states are introducing comprehensive privacy laws, further adding to the growing patchwork of privacy requirements in the U.S.

January is kicking off with a flurry as five states (Iowa, Delaware, Nebraska, New Hampshire, and New Jersey) implement their laws in the first two weeks. Later this year, Tennessee, Minnesota, and Maryland will join the mix. For companies operating in the U.S., staying ahead in this shifting regulatory environment is essential. Failure to comply could result in hefty penalties, legal exposure, and a loss of consumer trust.

The good news? Businesses already aligned with current privacy laws may only need minor updates to meet the new requirements. However, it is important to be aware of all consumer-facing interactions, data collections, and sharing of personal information in each state to keep a firm handle on your compliance obligations.Continue Reading A New Year and New Compliance Requirements: Additional State Privacy Laws Take Effect in 2025

On September 6, 2024, the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2024-01, titled “Cybersecurity Guidance Update.” The updated guidance clarifies that the DOL cybersecurity guidance applies to all ERISA-covered plans, and not just retirement plans, but also health and welfare plans. Also, as a direct response to service providers’ concerns, the DOL expanded its 2021 guidance to emphasize that plan sponsors, fiduciaries, recordkeepers, and participants should adopt cybersecurity practices across all employee benefit plans. With cyber risks continually evolving, the update highlights the importance of implementing robust security practices to protect participant information and plan assets.Continue Reading The Department of Labor’s Expanded Cybersecurity Guidance: What ERISA Plan Sponsors and Fiduciaries Need to Know

Seyfarth Synopsis: In a significant decision for website operators, the Massachusetts Supreme Judicial Court clarified that tracking users’ web activity does not constitute illegal wiretapping under the state’s Wiretap Act. The court found that person-to-website interactions fall outside the Act’s scope, which focuses on person-to-person communications. However, the court emphasized that other privacy laws could still apply to such tracking practices. This ruling may influence how similar cases proceed nationwide and signals to the Massachusetts legislature that any broader restrictions on web tracking require explicit statutory action.Continue Reading Tracking Users’ Web Browsing Activity Does Not Constitute Illegal Wiretapping under Massachusetts Law

The Personal Data Protection (Amendment) Bill 2024 (“PDPB”) was at last passed by the Malaysian Parliament at the end of July. After Royal Assent and publishing, it will become law (on a date to be determined by the Minister of Digital to be specified in the Gazette). The PDPB introduced several changes intended to better align Malaysia’s 2010 Personal Data Protection Act with global standards.Continue Reading Malaysian Parliament Passes Personal Data Protection (Amendment) Bill 2024

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This blog post was cross-posted from Seyfarth’s Consumer Class Defense site.

In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to limit damages to one violation per individual, rather than…

In today’s ever-evolving and interconnected world, trade secret protection demands proactive measures against both technological vulnerabilities and human threats. Join us for the fourth installment of our 2024 Trade Secrets Webinar Series, where our panel of seasoned trade secrets and cybersecurity attorneys will equip you with practical strategies to bolster your defenses.
Continue Reading Upcoming Webinar! Data Protection and Cybersecurity: Safeguarding Trade Secrets in the Digital Age