Publications
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10.09.20232023 Breach Notification Law Update: Changes to Notification and Security Requirements Continue at State and Federal LevelsUpdatesA flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to generally applicable breach notification statutes, along with action on both narrower security provisions and broader omnibus privacy laws.
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07.25.2023The Beaver State Joins Growing List of States To Pass Comprehensive Consumer Privacy Law: The Oregon Consumer Privacy ActUpdatesAs of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals.
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07.14.2023Florida Enacts “Digital Bill of Rights” Combining Narrowly Applicable “Comprehensive” Privacy Provisions and More Broadly Applicable Restrictions on Children’s Privacy and Social Media RestrictionsBlogsOn June 6, 2023, Florida Governor Ron DeSantis signed Senate Bill 262 into law.
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06.07.2023The Wide Reach of the New Washington Privacy LegislationUpdatesThis Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act. The original impetus for the Act was the protection of reproductive rights, and it was signed into law alongside several other pieces of legislation focused on providing abortion and gender-affirming protections. However, because of the broad and vague definition of “consumer health data” covered by the legislation and because it applies to a wide range of entities, the Act may reach much further than might be justified by its original purpose.
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06.01.2023Consumer Rights and Business ObligationsUpdatesAs detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act into law on April 27, 2023. In this installment, we provide an overview of the consumer rights bestowed by the Act and the obligations it imposes upon regulated entities and small businesses.
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03.30.2023Four Key Considerations for Implementing the California Age-Appropriate Design CodeUpdatesCalifornia’s Age-Appropriate Design Code is a first-of-its-kind children’s privacy law in the United States that is scheduled to go into effect in 2024. The CA AADC is applicable to online services, products, or features that are likely to be accessed by children.
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10.06.20222022 Breach Notification Law Update: State and Federal Requirements Continue To EvolveUpdatesCyberattacks continue to plague businesses, making the fallout of data breach notification and response as critical as ever. This year, like 2021, has been relatively quiet as it relates to state updates to breach notification laws.
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01.11.2022The Resale Market Boom—What Sellers and Brands Need to KnowArticlesAndrew Grant, Collen Ganin, and Akua Asare-Konadu examine unique legal questions facing resellers and brands in the resale marketplace and explain how to navigate them, including secondhand-dealer laws and IP infringement.
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11.08.2021Regift Responsibly This Holiday SeasonUpdatesWhile recommerce is not new, its renaissance and shift to e-commerce has raised issues that resellers and brands will need to navigate, including possible expansion of secondhand-dealer laws to ecommerce and avoiding IP infringement through proper product authentication.
Presentations
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10.17.2023
Perkins on Privacy
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As of July 18, 2023, Oregon has joined 11 other states to pass a comprehensive consumer privacy law. The Oregon Consumer Privacy Act requires various disclosures around the collection and processing of personal data, provides consumers with rights to their data, and imposes obligations on controllers and processors, including honoring global opt-out signals. This Update... Continue Reading…
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On June 6, 2023, Florida Governor Ron DeSantis signed Senate Bill 262 into law. SB 262 is a departure from the comprehensive privacy laws enacted by other states for a variety of reasons, including its (1) ban on government-directed moderation of social media, (2) restrictions on online interactions with minors (somewhat akin to the California... Continue Reading…
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New My Health My Data Act Part 3: The Wide Reach of the New Washington Privacy Legislation
This Update is the third installment of the ongoing series covering Washington state’s new My Health My Data Act. The original impetus for the act was the protection of reproductive rights, and it was signed into law alongside several other pieces of legislation focused on providing abortion and gender-affirming protections. However, because of the broad and... Continue Reading…
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New My Health My Data Act Part 2: Consumer Rights and Business Obligations
As detailed in Part 1 of this ongoing series, Washington Governor Jay Inslee signed the state’s My Health My Data Act into law on April 27, 2023. The act is a first-of-its-kind law that creates new privacy protections relating to the collection, sharing, and selling of “consumer health data.” Most of the provisions of the... Continue Reading…