Following the GDPR, the California Consumer Privacy Act (CCPA) and other newly introduced state privacy legislation, the Washington Senate has proposed its own GDPR-like consumer privacy act. Washington Senate Bill 5376, the Washington Privacy Act, as first proposed on January 22, 2019 and substituted February 24, 2019 applies “not only to technologies and products of today but to technologies and products of tomorrow.” If approved, it will go into effect July 31, 2021.

The Act will apply to legal entities that conduct business in Washington or produce products or services that intentionally target Washington residents. These entities must also either (1) control or process data of at least 100,000 consumers or (2) derive 50 percent gross revenue from the sale of personal information and process or control personal information of at least 25,000 consumers. Under the Act, personal data is any information that is linked or reasonably linkable to an identified or identifiable natural person.
Continue Reading Proposed Washington Privacy Act Seeks to Protect Consumer Data Privacy from Current and Future Technology Advancements

The advice we always give to clients regarding privacy policies is: “say what you do and do what you say.” It seems simple, but simplicity can be deceiving. Companies want to reassure consumers that their personal data is safe and secure; however, in today’s world, no one can make fail-safe representations of security. Uber’s recent settlement with the FTC illustrates this problem.

Continue Reading Don’t Make “Uber” Promises You Can’t Keep

dangerTechnology has changed the way businesses market themselves to consumers. Businesses now have the ability to identify shifting consumer preferences, launch highly targeted advertising campaigns, and communicate instantly with potential customers. One thing this new marketing has in common? Consumer data. As marketing technologies evolve, companies should be aware that the myriad of data security regulations don’t just apply to how companies conduct their business, but how they market it as well. Continue Reading Marketing in the age of data security