The Federal Trade Commission filed a lawsuit on August 29, 2022, against data broker Kochava Inc., alleging that the company’s sale of precise geolocation data is an unfair act or practice that violates Section 5 of the FTC Act. The case follows an FTC blog post warning that the agency would be vigilant in protecting
The Better Business Bureau recently announced the launch of the TeenAge Privacy Program, which proposes a self-regulatory framework for companies to use in order to protect teen consumers and guide the responsible collection and management of teen data. The CISR’s new framework helps to address recent attention to the privacy and safety of teens online…
Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations that apply to such subscriptions. The Federal Trade Commission recently issued an Enforcement Policy Statement Regarding Negative Option Marketing that addresses recurring subscription programs. Additionally, California, Colorado, Delaware, and Illinois have all either passed…
On April 7, Perkins Coie’s CXO Summit gathered more than 50 C-suite and board leaders for an executive leadership virtual forum addressing how technology is shaping healthcare’s future amid the COVID-19 pandemic.
The CXO Summit participants discussed how technology is being used to further combat COVID-19, monitor patient diagnostics, augment clinical workflows, detect fraud and data breaches, and inform effective treatments, among other key tasks and medical interventions.
Continue Reading Perkins Coie Convenes CXO Summit Addressing Future of Healthcare Technology
When creating a privacy program, it is important to look ahead and think strategically about who your audience might be. For businesses that might find themselves under the scrutiny of regulators and judges because of a lawsuit, unwanted publicity, or data breach, it is critical to be able to demonstrate substantial compliance for the program they’ve implemented. This can be accomplished by developing privacy programs that follow guidance promulgated by their audience—regulators and courts. This guidance includes the CNIL’s (the French Data Protection Authority’s) Six Steps for GDPR Compliance, along with Federal Trade Commission orders such as the Vizio 2017 order, which provide a roadmap for a comprehensive privacy program that can be distilled down to six main phases…
Continue Reading Six Phases of Compliance for a Comprehensive Privacy Program
After conducting a data inventory (see Part 2 of our CCPA series), a business should assess its risks by benchmarking its policies and practices with applicable privacy laws and regulations. Conducting a gap analysis is a critical tool in identifying compliance gaps and developing a plan to bridge those gaps. See e.g., Stipulated Order for Permanent Injunction and Monetary Judgment, Federal Trade Commission & Others v. Vizio, Inc., No. 2:17-cv-00758 (D.N.J. Feb. 6, 2017), Document 1-3 at 5 (privacy program includes addressing privacy risks related to the development and management of new and existing products and services) and CNIL (the French Data Protection Authority) Guidance on Six Steps for GDPR Compliance (step three to identify actions to comply with current/future obligations and to prioritize such actions based on risks).
Continue Reading CCPA 12-Month Compliance Series Part 3: Conduct a Gap Analysis