The California Attorney General’s Office released its long-awaited proposed CCPA Regulations this afternoon.  The proposed Regulations are 24 pages long, and address a number of important technical compliance issues including how businesses should: provide just in time notice to consumers of personal information collected; provide notice to consumers of the right to opt out of the sale of personal information; provide notice to consumers of financial incentives; provide a CCPA compliant privacy policy; provide methods for consumers to submit requests to…

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still remain. A main source of confusion about cookies is the interplay between two EU privacy laws, the ePrivacy Directive and the GDPR. The former governs, among other things, the placement of cookies and marketing pixels on the…

Over the past several years, state legislatures have become more aggressive in passing laws to protect consumers’ digital rights. The promulgation of state data security and privacy laws, such as the California Consumer Privacy Act, is a prime example of this trend. Another less publicized example of state oversight of online activities is legislation regulating automatic renewals, which have become very common and present new and little appreciated regulatory and litigation risks. Here’s a quick…

Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws.  These laws come on the heels of Connecticut’s law enacted a few days earlier.  Notably, while Connecticut followed the New York Department of Financial Services’ 2017 Cybersecurity Regulations model, Delaware and New Hampshire followed South Carolina, Ohio, Michigan, and Mississippi in adopting a version of the model…

On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers, and other businesses licensed by the Connecticut Insurance Department (“CID”).  In doing so, Connecticut joins New York, South Carolina, Ohio, Michigan, and Mississippi as states that have enacted information security laws for insurance companies.  However, whereas the recent trend has been to follow…