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Publications
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02.15.2024Two New States Enter the Privacy FrayBlogsBuilding off of the momentum from last year’s torrent of new comprehensive state privacy laws, 2024 has begun with a bang as two more states have now entered the picture.
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07.12.2023Enforcement of CPRA Regulations Delayed but Don’t Abandon PrivacyUpdatesThe day before the California Privacy Rights Act became enforceable on July 1, we learned that enforcement of the first set of implementing regulations finalized by the California Privacy Protection Agency under the CPRA is delayed until March 29, 2024. Prior to the June 30 ruling by a California Superior Court judge, the Regulations were set to become immediately effective on the CPRA’s July 1 effective date.
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05.02.2023Lucky Number 7…8 and 9?: Indiana Passes Privacy Law With Tennessee and Montana Hot on Its HeelsBlogsIndiana Governor Eric Holcomb signed Senate Bill 5 on May 1 (effective January 1, 2026), making Indiana the seventh state to offer comprehensive privacy protections.
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02.07.2023California Attorney General Targets Popular Mobile Apps in CCPA Enforcement SweepBlogs
As it did last year, the California Attorney General’s Office recognized Data Privacy Day by announcing its latest investigative sweep under the California Consumer Privacy Act (CCPA).
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11.29.2023One Step Closer: California Privacy Protection Agency Reviews Comments for CCPA RegulationsBlogsLast week, the period for comments closed on the California Privacy Protection Agency’s (CPPA) latest version of the draft implementing regulations for the California Privacy Rights Act (CPRA) amendments to the California Consumer Privacy Act (CCPA) (Revised Regs).
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07.28.2022Retailers: What to Consider as You Offer Virtual Try-On FeaturesArticlesOnline shopping has come a long way in providing consumers with a vision of how products might look on them.
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06.29.2022California’s Consumer Privacy Protection Agency Publishes First Set of Draft CPRA RegulationsUpdatesLast week, the Consumer Privacy Protection Agency (Agency) Board rounded out the first half of 2022 by releasing draft California Privacy Rights Act (CPRA) regulations. This first set of CPRA regulations focus on updating existing California Consumer Privacy Act (CCPA) regulations to account for the new provisions of the CPRA and addressing specific areas such as Agency audits and enforcement.
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03.31.2022Utah Joins California, Colorado, and Virginia With Omnibus Privacy LawUpdatesUtah Governor Spencer Cox signed the Utah Consumer Privacy Act (Utah Law) into law on March 24, 2022, making it the fourth omnibus state privacy law enacted in the United States.
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12.07.2021State Privacy Laws: The Gift That Keeps on Giving?UpdatesThough it was not long ago that resolutions of California Consumer Privacy Act readiness ushered in the new year, ‘tis the season once again to deck the halls with privacy compliance checklists.
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09.29.2021From Virtual Fashion to Big Data, A Look at the Digital Opportunities and Issues that Luxury Brands Need to ConsiderArticles
The Fashion Law
The COVID-19 pandemic accelerated the digitalization of the fashion industry – including for luxury brands, which have historically been slow to embrace electronic and digital commerce. Indeed, in 2020, e-commerce in the United States achieved an astounding ten years’ worth of growth in a three-month period. -
06.09.2021Loyalty and Rewards ProgramsPodcastsJason Howell and Amanda Beane team up with Miriam Farhi, co-chair of Perkins Coie’s Privacy & Security practice, to discuss common legal issues and pitfalls associated with loyalty and rewards programs, including in the areas of marketing, privacy, and litigation.
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01.27.2021Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New YearUpdatesIt’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, including Washington, New York, and Minnesota.
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08.2020The Business and Law of Fashion and Retail
Book Chapter
Carolina Academic PressContributor, "Chapter 11: Privacy" -
Privacy vs. The PandemicPodcasts
In Privacy Versus the Pandemic, Perkins Coie Privacy attorneys take a trip around the world to explore the interplay between privacy and public health during the COVID-19 outbreak.
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07.20.2020EU Court Strikes Down EU-US Privacy ShieldUpdatesThe Court of Justice for the European Union (CJEU) on July 16, 2020, invalidated the EU-U.S. Privacy Shield as an approved mechanism for transferring personal data from the European Union to the United States.
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07.09.2020Considerations for Launching an E-commerce PlatformUpdatesCOVID-19 is the biggest disruption to consumer retail spending patterns in recent history.
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06.2018; 06.2019; 06.2020Washington - Data Protection OverviewLawyer Publications
DataGuidance
Perkins Coie attorneys Miriam Farhi and Marina Gatto drafted an article titled “Washington - Data Protection Overview” published by DataGuidance. This article discusses the laws and best practices surrounding health, financial, employment and biometric data as well as online privacy, unsolicited commercial communications, privacy notices and data disposal. -
10.30.2019The Proposed CCPA Regulations Impose New ObligationsUpdatesThe California Attorney General’s Office released for public comment the long-awaited proposed regulations for the California Consumer Privacy Act (CCPA) on October 10, 2019.
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10.16.2019New California Ballot Initiative Contemplates Stricter Privacy RequirementsUpdatesA new California privacy ballot initiative has been introduced by real estate developer and privacy rights advocate, Alastair Mactaggart.
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10.25.2018All I Want for Christmas…Is a New Privacy Law?UpdatesBeyond preparing for this year’s holiday rush, retailers around the country have started thinking about potential changes to their operations in response to California’s sweeping new consumer privacy law.
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06.29.2018California Consumer Privacy Act of 2018 Brings Some GDPR Aspects StatesideUpdatesOn June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1, 2020.
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20182018 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.
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09.13.2016NJ’s Truth-in-Consumer Contract, Warranty and Notice Act: Will Related Class Actions Against Retailers Continue?UpdatesThis year brought a wave of class action complaints alleging that national retailers are violating the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 et seq., by including certain provisions in their online terms and other consumer-facing notices and agreements.
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02.02.2016The New EU-US Privacy Shield: Safe Harbor 2.0UpdatesTwo days after the expiration of the informal deadline to replace the Safe Harbor Framework invalidated by the Court of Justice of the European Union in October 2015, the EU and US have come to terms on a new framework—the “EU-US Privacy Shield.”
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12.11.2014Top 12 Ways Retailers Can Address Privacy Issues This Holiday SeasonUpdatesIn this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year comes to a close.
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07.01.2013The New COPPA Rule Takes Effect Today — Are You Ready?UpdatesIn December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13. Last month, the FTC also issued an updated set of Frequently Asked Questions regarding the revised COPPA Rule. The revised COPPA Rule went into effect today, July 1, 2013, and will impact "operators" of certain websites and online services for a long time to come.
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Summer 2013How to be [Toy]Smart about Transferring Personal Information in Your M&A DealArticles
WSBA Business Law Section Newsletter, Vol. 35, Number 1
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03.19.2013Retailers Beware: Massachusetts Court Restricts Ability to Collect ZIP Codes at Point of SaleUpdatesThe Supreme Judicial Court of Massachusetts recently held that collecting a consumer's ZIP code at the point of sale may violate Massachusetts General Laws Chapter 93, Section 105(a) (Section 105(a)), which restricts the ability of retailers to collect personal identification information (PII) from consumers in connection with a credit card transaction.
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01.03.2013FTC Expands Scope of Children's Privacy Law to Keep Pace With New TechnologiesUpdatesOn December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are directed to children under the age of 13 or (2) have actual knowledge that they are collecting personal information from a child under the age of 13.
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12.12.2012Is Your Company's Mobile App Violating CalOPPA?UpdatesOn December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices.
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04.2012Unconscionability Claims Still BreathingArticles
Executive Counsel
Before the U.S. Supreme Court’s ruling in AT&T Mobility LLC v. Concepcion, states often overturned arbitration agreements with class action waivers based on the doctrine of unconscionability. (Subscription required.) -
02.08.2012Proposed EU Regulation Promises Significant Changes to Consumer PrivacyUpdatesThe European Commission's proposed "Regulation on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data" offers a significantly higher level of legal harmonization and predictability across Europe, but at the price of more stringent requirements and availability of stricter sanctions.
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11.16.2009Despite Flurry of Claims, California Courts Gift Retailers With Narrow Interpretations of Song-Beverly Credit Card Act: Some Tips for Compliance Under Recent RulingsUpdatesIf you are a retailer with brick-and-mortar stores in California and accept credit cards for payment, take note. You may want to take a few simple steps to avoid liability for an increasing number of claims under an old law that has received a lot of recent attention.
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07.2009Raggi v. Las Vegas Metro Police Dept.Articles
E-Commerce Law Reports
Presentations
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06.07.2023Demystifying Washington State’s My Health, My Data ActWebinarsThe recently enacted My Health, My Data Act (MHMD) will regulate the collection, use, sharing, analysis, and sale of health-related data of individuals in Washington state and beyond.
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03.23.2022
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06.08.2021Schrems II Roundtable Discussion – Almost One Year Later, Let’s be PracticalSpeaking Engagements
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12.09.2020Privacy for Retail Roundtable: Preparing for the CPRAWebinarsThis Privacy for Retail roundtable discusses the new California Privacy Rights Act (CPRA) and its impact on the retail industry.
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11.11.2020
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09.02.2020Schrems II - Dealing With the FalloutSpeaking Engagements
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07.17.2019How California's New Privacy Law Impacts Brick-and-Mortar BusinessesWebinarsPerkins Coie’s CCPA Week
This webinar will explore how the CCPA differs from the GDPR, how retailers can leverage existing compliance initiatives and governance programs to prepare for the CCPA and the unique challenges and opportunities retailers are likely to face in compliance efforts.
