On August 14, 2024, the Federal Trade Commission (FTC) issued a final rule that prohibits publishing or trading in fake or misleading consumer reviews and testimonials, or engaging in other related deceptive promotional tactics. Notably, under the FTC’s new rule,
The Data Advisor
Unique Insights on Privacy and Data Protection Worldwide
The Data Advisor, published by Wilson Sonsini Goodrich & Rosati, focuses on legal developments related to data privacy, digital markets, and consumer protection within the EU and UK. It covers topics such as GDPR compliance, liability of online marketplaces for user-generated content, enforcement of consumer protection laws in digital economies, legislative proposals affecting data processing and AI regulation, and regulatory actions by competition and consumer authorities. The blog also addresses issues like online fraud prevention, digital fairness, and the impact of new EU and UK regulations on businesses and consumers in the technology and digital services sectors.
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Ninth Circuit Ruling Paves the Way for California Age-Appropriate Design Code to Partially Come into Effect
On August 16, 2024, the U.S. Court of Appeals for the Ninth Circuit issued an opinion partially upholding—and partially vacating—the District Court for the Northern District of California’s preliminary injunction preventing the California Age-Appropriate Design Code Act (CAADCA or the…
Substantial New CCPA Regulations Inch Closer to Reality: A Detailed Overview of the New Requirements and Their Projected $4 Billion Cost to California Businesses
On July 16, 2024, the California Privacy Protection Agency (CPPA) Board met to discuss advancing its over 200-page draft rulemaking package to formal proceedings.[1] The proposed regulations include 37 pages of significant new obligations spanning cybersecurity audits, automated decision-making…
New Enforcement Powers for the French Data Protection Authority (CNIL)
On May 21, 2024, France adopted law No. 2024-449 to secure and regulate the digital space. This law grants new enforcement powers and authority to the French Data Protection Authority (CNIL), including to seize documents, record declarations during dawn raids,…
Seven New States Join Patchwork of U.S. Comprehensive Privacy Laws: Top 10 Trends from the First Half of 2024
In the first half of 2024, seven new states—Kentucky, Maryland, Minnesota, Nebraska, New Hampshire, New Jersey, and Rhode Island—all enacted their takes on comprehensive privacy laws, bringing the total number of states with such laws up to 19 (20, if…
EU AI Act to Enter into Force in August
On July 12, 2024, the European Union’s (EU) Artificial Intelligence Act (AI Act) was published in the Official Journal of the EU. This was the last step for the AI Act to become law. The AI Act will enter into…
“Chevron is overruled”: How Loper Bright Will Change the Regulatory Law Landscape
In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s six-Justice majority held that the Administrative Procedure Act (APA) requires courts…
Video Game App Developer Agrees to Pay $500,000 for Children’s and Minors’ CCPA, COPPA, and Ads Violations
On June 18, 2024, the California Attorney General and the Los Angeles City Attorney (collectively, “the People”) announced a settlement with Tilting Point Media LLC (Tilting Point). The settlement resolves allegations that Tilting Point violated the Children’s Online Privacy Protection Act…
Texas District Court Vacates OCR’s HIPAA Bulletin on Online Tracking Technologies, But Issues Mixed Decision
New York Legislature Passes a Pair of Bills to Protect Children’s Privacy Online
On June 7, 2023, the New York legislature passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (SAFE Act or the Act) and the New York Child Data Protection Act (CDPA), both aimed at protecting children online. The SAFE…