Survey of U.S. State Privacy Laws: Common Themes, Key Differences, Compliance Strategies, Risk Mitigation
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Cybersecurity and Data Privacy
- event Date
Wednesday, September 18, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide a survey and comparison of U.S. state privacy laws. The panel will review the similarities and differences of current state privacy laws, highlight laws with high-risk areas of enforcement, and recommend strategies for establishing a privacy framework that is compliant with the ever-changing and evolving, vexing patchwork of compliance obligations.
Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.
A former Assistant Attorney General, Mr. Dull advises industry-leading companies on domestic and international privacy laws, as well as on consumer protection, advertising, and retail and e-commerce laws and self-regulation. Clients regularly turn to Mr. Dull for his knowledge and know-how in defending and resolving federal and state regulatory and enforcement actions. Informed by his prior position in the Florida Attorney General’s Consumer Protection Division, he has extensive experience in investigating and litigating privacy and advertising law violations. Mr. Dull now draws on that experience to share insights with and advise clients on their own data privacy, cybersecurity and advertising risks. He also helps clients develop and implement effective e-commerce business and marketing strategies. Mr. Dull routinely advises clients on technology, data privacy and security, intellectual property, advertising and marketing, and website development matters.
In the absence of a comprehensive federal law, states have enacted or introduced legislation to protect consumers' personal data. To date, 20 states have enacted consumer privacy laws. Some laws are already in force while others will take effect in the months and years ahead.
While inspired by the EU General Data Protection Regulation and the California Consumer Privacy Act, the new state consumer privacy laws take materially different approaches in many ways. There are also notable differences that organizations must understand and adjust compliance policies accordingly. Also, states like California and Colorado have issued prescriptive rules implementing their respective laws, adding additional requirements for businesses to follow.
For companies that have multistate operations, navigating the patchwork of state data privacy laws presents compliance challenges as well as liability risks. Revising and developing sound privacy compliance policies to meet these ever-changing state requirements is essential.
Listen as our panel of privacy experts reviews the current framework of state privacy laws and provides guidance to assist clients in developing privacy protocols and policies that address the nuanced requirements of the various state laws.
- Overview: how privacy law is developing in the U.S.
- State consumer privacy law applicability
- Common exclusions and exemptions from privacy law protections
- Comparing current state privacy laws: similarities and differences
- States with high-risk areas of enforcement
- Recommendations and strategies for developing and adapting privacy programs to meet the 'high water mark' for compliance
The panel will address these and other important considerations:
- How is privacy law developing in the U.S.?
- What obligations apply to covered entities?
- What are some common similarities and notable differences between current state privacy laws?
- How can organizations adapt or develop privacy programs and protocols to meet the ever-changing patchwork of state laws?
