Joshua Cohen

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Oregon has joined 10 other states in enacting a comprehensive data privacy law.1 On July 18, 2023, Governor Tina Kotek signed the Oregon Consumer Privacy Act (the “Oregon Privacy Law”) into law. The law imposes a range of new data privacy requirements on non-exempt controllers and processors of Oregon consumer personal data. The Oregon…

On July 10, 2023, the European Commission (“Commission”) adopted an adequacy decision for the EU-US Data Privacy Framework (“DPF”). The DPF is the successor to the EU-US Privacy Shield, which the Court of Justice of the European Union (“CJEU”) declared invalid in 2020.

This adequacy decision reflects agreement by the Commission that the DPF offers…

There has been a whirlwind of activity over the past year as states enact and implement comprehensive consumer privacy laws. Starting with the passage of the California Consumer Privacy Act (CCPA) in 2018, which became effective in 2020, the US state privacy legal landscape has continued to develop rapidly. New comprehensive privacy frameworks are set…

On September 8, 2022, the Federal Trade Commission (FTC) held a virtual public forum on the agency’s release last month of an Advance Notice of Proposed Rulemaking (ANPR) to regulate the protection of consumers’ privacy and data security, which we covered in a prior Legal Update. In addition to allowing the public the opportunity…

On August 11, 2022, the Federal Trade Commission (FTC) voted 3-2 on partisan lines to file an Advance Notice of Proposed Rulemaking (ANPR) that would regulate the protection of consumers’ privacy and data security in a rulemaking titled “Trade Regulation Rule on Commercial Surveillance and Data Security.”

The release of this ANPR—in the midst of…

Connecticut has become the fifth state to pass comprehensive consumer data privacy legislation. Connecticut Governor Ned Lamont signed the bill into law on May 10, 2022, and the Connecticut Data Privacy Act” (CTDPA) will take effect on July 1, 2023. This Legal Update discusses the CTDPA’s scope; compares it with the other state privacy laws…

Following in the footsteps of California, Virginia and Colorado, Utah has become the fourth state to pass comprehensive consumer data privacy legislation. Utah Governor Spencer Cox signed Utah Consumer Privacy Act (“UCPA”) into law on March 24, 2022—the first major state law domino to fall in 2022 and the first comprehensive data privacy legislation since…

New comprehensive privacy frameworks in California, Virginia and Colorado are set to come into effect in 2023, and in recent days attention has turned to Utah, where a privacy bill closely resembling Virginia’s is on the governor’s desk for signature. The rulemaking processes for the enacted laws are in their early stages. To the chagrin…

Colorado has become the third state to enact a comprehensive consumer data privacy statute. Passed by the Colorado General Assembly on June 8, 2021, and signed into law by Colorado Governor Jared Polis on July 7, 2021, the Colorado Privacy Act (“CPA”) is slated to come into effect on July 1, 2023. This Legal Update…

Virginia has become the second state to enact a comprehensive consumer data privacy statute in the United States. Signed into law by Virginia Governor Ralph Northam on March 2, 2021, the Consumer Data Protection Act (“CDPA”) will take effect on January 1, 2023. While the CDPA shares some key components with the California Consumer Privacy…