Keypoint: Companies using the previous standard contractual clauses will have eighteen months to transition to the new documents.
Today, the European Commission announced that it has adopted “two sets of standard contractual clauses, one for use between controllers and processors and one for the transfer of personal data to third countries.” The new SCCs take into account new requirements under the General Data Protection Regulation as well as the Court of Justice’s Schrems II opinion.
Keypoint: This week the Colorado Senate passed the Colorado Privacy Act, the Nevada legislature passed a bill to broaden the state’s pre-existing right to opt out of sales, and the New York Privacy Act advanced to a third reading in the Senate.
Below is our fourteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.
First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
Keypoint: The Colorado Senate unanimously passed the Colorado Privacy Act after amending the bill to add back many of the privacy protections previously removed.
On May 26, 2021, the Colorado Senate unanimously passed the Colorado Privacy Act. The bill now moves to the State Assembly. The Colorado legislature is scheduled to close on June 12 so we will know in just a matter of weeks (if not sooner) if Colorado will become the third state to enact broad consumer privacy legislation.
Two House sponsors were added to the bill – Republican Terri Carver and Democrat majority co-whip Monica Dunn. The addition of bipartisan House sponsors perhaps signals that the bill has momentum to pass the House.
Notably, the Senate significantly amended the bill from the version previously passed by the Senate Business, Labor & Technology Committee. As discussed in our May 12 post, the Senate committee had revised many of the bill’s pro-consumer provisions to pro-business provisions. The bill that ultimately passed the Senate (see here) reverted many of those changes. Below is a summary of some of the notable revisions.
Keypoint: If signed by the Governor, entities doing business in Nevada will need to examine their data transfers to determine whether they constitute “sales” under the broader definition.
On May 25, 2021, the Nevada legislature passed SB260. The bill will now be sent to the Governor for approval or veto. Assuming the Governor signs the bill, it will amend Nevada’s online privacy notice statutes, NRS 603A.300-360, to provide Nevada residents with a broader right to opt out of sales.
Keypoint: This week the Connecticut Senate Appropriations Committee and New York Consumer Protection Committee passed their bills, and the Nevada Assembly passed its bill, which would broaden Nevada’s pre-existing right to opt out of sales.
Below is our thirteenth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.
First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
Keypoint: Bill would expand COPPA to protect 13 to 15 year olds.
On May 11, Senators Edward J. Markey (D-Mass) and Bill Cassidy (R-La) introduced the Children and Teens’ Online Privacy Protection Act. The legislation seeks to amend the Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501-6505, to “strengthen protections relating to the online collection, use, and disclosure of personal information of children and minors.”
Keypoint: This week the Colorado Privacy Act passed out of the Senate Appropriations Committee, Alaska’s House Labor and Commerce Committee held another hearing on its bill, Connecticut’s bill was sent to the Senate Appropriations Committee, Nevada’s Assembly Committee on Commerce and Labor passed its bill, and the New York Privacy Act was reintroduced.
Below is our twelfth weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.
First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
Keypoint: The Colorado Privacy Act passed unanimously out of committee last week but not before lawmakers revised many of its pro-consumer provisions to pro-business.
On May 5, 2021, the Colorado Senate Business, Labor & Technology Committee unanimously passed the Colorado Privacy Act. The bill was sent to the Senate Appropriations Committee where it is scheduled for a May 14 hearing.
Before passing the bill, the Senate Committee accepted a number of amendments that changed many of the bill’s pro-consumer privacy provisions in favor of pro-business provisions. As it stands, the bill appears to be an even more business-friendly version of the Virginia Consumer Data Protection Act (VCDPA). For reference, the VCDPA and Colorado bill are both based on this year’s version of the Washington Privacy Act, which failed to pass the Washington legislature in April.
Below is an analysis of some of the more notable amendments.
For reference, the current version of the bill is available here and the original version of the bill is available here. Our analysis of the original bill is available here.
Keypoint: This week an amended version of the Colorado Privacy Act unanimously passed out of committee, Alaska’s House held another hearing on its bill (and scheduled another hearing for May 12), Connecticut’s bill was tabled for the Senate calendar, and Nevada’s Assembly Committee on Commerce and Labor scheduled a May 10 hearing on its bill.
Below is our eleventh weekly update on the status of proposed CCPA-like privacy legislation. Before we get to our update, we wanted to provide two reminders.
First, we have been regularly updating our 2021 State Privacy Law Tracker to keep pace with the latest developments. We encourage you to bookmark the page for easy reference.
Second, the contents provided below are time-sensitive and subject to change. If you are not already subscribed to our blog, consider doing so to stay updated.
Keypoint: Bill would add right to deletion to COPPA.
Senators introduced the “Clean Slate for Kids Online Act of 2021” in the United States Senate last week. The bill seeks to amend the Children’s Online Privacy Protection Act (“COPPA”).
The bill provides individuals with the right to delete personal information the operator collected from the individual as a child. The right to delete applies even in instances where parental consent was provided for the collection of the personal information.