Privacy & Information Security Law Blog

On February 11, 2025, the data protection authorities of the UK, Ireland, France, South Korea and Australia issued a joint statement on building trustworthy data governance frameworks to encourage development of innovative and privacy-protective artificial intelligence.

On February 4, 2025, the Minnesota Attorney General published the second volume of a report outlining the negative impact that AI and social media is having on minors in Minnesota.

On February 10, 2025, the UK Information Commissioner’s Office released an updated response to the draft Data (Use and Access) Bill, providing comments on the amendments made by the House of Lords.

On January 23, 2025, the New York Department of Financial Services (“NYDFS”) announced a $2 million civil fine against PayPal, Inc. (“PayPal”) for alleged cybersecurity failures that resulted in the unauthorized exposure of customers’ personal information. 

On January 29, 2025, the California Privacy Protection Agency announced that it had reached a settlement with Connecticut-based data broker Key Marketing Advantage, LLC, resolving the fifth action against a business  for its alleged failure to register as a data broker, as required under California’s Delete Act.

On January 29, 2025, the United States Court of Appeals for the Ninth Circuit enjoined California from enforcing the Protecting Our Kids from Social Media Addiction Act in its entirety, pending a challenge to the law brought by NetChoice.

On January 14, 2025, the Federal Trade Commission announced that it had issued final orders against data brokers Gravy Analytics, Inc. and Mobilewalla, Inc. for the collection, use, and sale of consumers’ precise geolocation data.

New York Attorney General Letitia James announced a $450,000 settlement with three companies distributing eufy home security video cameras—Fantasia Trading LLC, Power Mobile Life LLC and Smart Innovation LLC—following an investigation into the security of their Internet-enabled video products.

On January 24, 2025, the UK Information Commissioner’s Office published a letter setting out proposals to boost business confidence, improve the investment climate, and foster sustainable economic growth in the UK.

On February 2, 2025, the EU AI Act’s rules on AI literacy, along with the prohibition of certain types of AI system, became applicable in the EU.

On December 21, 2024, New York Governor Kathy Hochul signed a flurry of privacy and social media bills, including Senate Bill 895B, Senate Bill 5703B, Senate Bill 2376B and Senate Bill 1759B.

On January 28, 2025, the Italian Data Protection Authority announced that it had launched an investigation into the data processing practices of Hangzhou DeepSeek Artificial Intelligence and Beijing DeepSeek Artificial Intelligence.

On January 21, 2025, the New York state legislature passed Senate Bill (S-929), which provides for the protection of health data. 

On January 23, 2025, the UK Information Commissioner’s Office published its new online tracking strategy for 2025 which sets out how it intends to achieve its vision of a fair and transparent online world where people are given meaningful control over how they are tracked online.

On January 15, 2025, the Federal Trade Commission announced a proposed order against web hosting company GoDaddy for unfair or deceptive acts or practices in violation of Section 5 of the FTC Act, and issued guidance for customers of web hosting services on security practices in light of the settlement.

On January 16, 2025, French Data Protection Authority unveiled its strategic plan for 2025-2028, highlighting its priorities for the coming years.

On January 13, 2025, California Attorney General Rob Bonta issued two legal advisories on the use of AI, including in the healthcare context. The first legal advisory (“AI Advisory”) advises consumers and entities about their rights and obligations under the state’s consumer protection, civil rights, competition, and data privacy laws with respect to the use of AI, while the second (“Healthcare AI Advisory”) provides guidance specific to healthcare entities about their obligations under California law regarding the use of AI.

On January 16, 2025, the non-profit organization None Of Your Business filed six complaints against organizations with five European data protection authorities for the unlawful transfer of personal data to China.

On January 16, 2025, the FTC announced the issuance of updates to the FTC’s Children’s Online Privacy Protection Rule (the “Rule”), which implements the federal Children's Online Privacy Protection Act of 1998 (“COPPA”).

On December 24, 2024, the Oregon Attorney General published AI guidance, “What you should know about how Oregon’s laws may affect your company’s use of Artificial Intelligence,” (the “Guidance”) that clarifies how existing Oregon consumer protection, privacy and anti-discrimination laws apply to AI tools. Through various examples, the Guidance highlights key themes such as privacy, accountability and transparency, and provides insight into “core concerns,” including bias and discrimination.

On January 6, 2025, the New Jersey Division of Consumer Affairs Cyber Fraud Unit published a set of frequently asked questions and answers on the New Jersey Data Privacy Law.

On December 30, 2024, the Connecticut Attorney General issued an advisory to consumers and businesses that new opt-out rights under the Connecticut Data Privacy Act are effective as of January 1, 2025.

On December 12, 2024, the French Data Protection Authority announced that it had issued notices to several organizations ordering them to modify the cookie banners on their websites to bring them into compliance.

The Colorado Attorney General announced the adoption of the draft amendments on December 5, 2024, and the adopted rules were filed with the Secretary of State and the Office of Legislative Legal Services on December 17, 2024. The amendments underwent minor clarifying changes prior to the Department of Law hearing, and in response to comments and testimony received during the public comment period.

In December 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth published a discussion paper titled, “Applying Data Protection Principles to Generative AI: Practical Approaches for Organizations and Regulators.”

Patrick Gunning of King & Wood Mallesons reports that on November 29, 2024, the Australian Parliament passed more than 30 bills on the final sitting day for the calendar year. Among the flurry of legislative activity were the Privacy and Other Legislation Amendment Act 2024 and the Online Safety Amendment (Social Media Minimum Age) Act 2024, the latest developments in Australia’s ongoing efforts to update its privacy legislation and address concerns related to children’s privacy.

On November 6, 2024, the Transportation Security Administration published a Notice of Proposed Rulemaking that would subject critical surface transportation owners and operators to cyber risk management and reporting requirements.

On November 27, 2024, the Centre for Information Policy Leadership at Hunton Andrews Kurth filed a response to the Department of Justice’s Notice of Proposed Rulemaking, which implements Executive Order 14117 of February 28, 2024.

The Supreme Judicial Court of Massachusetts, the state’s highest appellate court, recently held that website operators’ use of third-party tracking software, including Meta Pixel and Google Analytics, is not prohibited under the state’s Wiretap Act.

Last month, the UK government resurrected previous attempts to reform UK data protection law and introduced the draft Data (Use and Access) Bill into the House of Lords. This blog entry provides a link to read more about the Bill.

On November 8, 2024, the California Privacy Protection Agency Board hosted its public bimonthly meeting, during which it adopted new regulations applicable to data brokers and initiated the formal rulemaking process for proposed regulations for risk assessments, cybersecurity audits, automated decisionmaking technologies and AI, and insurance.

On November 6, 2024, the UK Information Commissioner’s Office published a report following consensual audit engagements conducted between August 2023 and May 2024 with developers and providers of artificial intelligence powered sourcing, screening, and selection tools used in recruitment.

On November 4, 2024, the European Data Protection Board adopted its first report under the EU-U.S. Data Privacy Framework.

On October 31, 2024, the UK Information Commissioner’s Office published its response to the draft Data (Use and Access) Bill.

On October 23, 2024, the UK government introduced the draft Data (Use and Access) Bill to the House of Lords. 

On October 15, 2024, the U.S. Court of Appeals for the Second Circuit vacated the dismissal of a proposed class action against the National Basketball Association under the Video Privacy Protection Act, holding that the named plaintiff successfully pled that he was a “consumer” protected by the Act by virtue of his subscription to the Defendant’s online newsletter.

On October 16, 2024, the Federal Trade Commission issued a final Click-to-Cancel Rule, also known as the Negative Option Rule, updating its existing regulatory scheme that requires sellers to make it as easy for consumers to cancel their subscriptions and memberships as it is to sign up in the first place. 

On October 4, 2024, the Court of Justice of the European Union issued its judgment in case C‑446/21 to assess whether the GDPR imposes limits to Meta Platforms Ireland’s use of personal data collected outside of the Facebook social network for advertising purposes.

On October 3, 2024, Texas Attorney General Ken Paxton announced a lawsuit against TikTok for operating its platform in violation of the Texas Secure Children Online through Parental Empowerment Act.

On October 9, 2024, the European Data Protection Board adopted an Opinion on certain obligations following from the reliance on processor(s) and sub-processor(s), and Guidelines on the processing of personal data based on legitimate interest.

On September 28, 2024, California Governor Gavin Newsom signed into law a pair of bills that amend the California Consumer Privacy Act of 2018 by defining neural data as sensitive personal information and specifying that personal information can exist in various formats.

On September 27, 2024, the Irish Data Protection Commission announced it had issued a fine of 91 million euros and a reprimand against Meta Ireland for inadvertently storing passwords of certain users in plaintext on its internal systems.

On September 24, 2024, a federal district court held that New York City’s Customer Data Law violates the First Amendment.

Last week, the House Energy and Commerce Committee advanced the Kids Online Safety Act (H.R. 7891) and the Children and Teen’s Online Privacy Protection Act (H.R. 7890).

On September 19, 2024, the Federal Trade Commission announced the publication of a staff report entitled, A Look Behind the Screens: Examining the Data Practices of Social Media and Video Streaming Services. The Report documents the data collection and use practices of major social media and video streaming services and provides recommendations for better protecting users’ data and privacy, with a particular focus on children and teens.

On September 4, 2024, the California Privacy Protection Agency issued an Enforcement Advisory on Avoiding Dark Patterns: Clear and Understandable Language, Symmetry in Choice.

On September 10, 2024, the U.S. District Court for the District of Utah issued an Order granting a Motion for a Preliminary Injunction, prohibiting the Utah Attorney General from implementing and enforcing the Utah Minor Protection in Social Media Act, which was set to take effect October 1, 2024.

As reported on the Hunton Retail Law resource blog, on August 2, 2024, Illinois amended its Biometric Information Privacy Act (“BIPA”), curbing the potential for massive damages and modernizing the law’s written consent provisions. On their face, the amendments are not retroactive.  It remains unclear, however, whether this change in Illinois law will nonetheless be applied retroactively by the courts.

For more information click here.

On August 1, 2024, the Office of the New York State Attorney General released two Advanced Notices of Proposed Rulemaking (“ANPRM”) for the SAFE for Kids Act and the Child Data Protection Act.

On July 30, 2024, New York Attorney General Letitia James announced the Office of the AG’s publication of two privacy guides, one for businesses and one for consumers, both focused on the use of website tracking technologies.

On July 30, 2024, Texas AG Ken Paxton announced that Meta agreed to pay $1.4 billion to settle a lawsuit over allegations that Meta processed facial geometry data of Texas residents in violation of Texas law, including the Texas Capture or Use of Biometric Identifier Act (“CUBI”).

On July 30, 2024, in a 91-3 vote, the U.S. Senate passed two bills aimed at protecting youth online: the Kids Online Safety Act and the Children and Teens’ Online Privacy Protection Act.

On July 22, 2024, Google announced that the company is scrapping its plans to phase out the use of third-party cookies in its Chrome browser. Google previously announced plans in 2020 to phase out third-party cookies, a digital advertising tool that tracks consumers’ Internet activity across websites. The company intended to replace third-party cookies with privacy-protective APIs through its Privacy Sandbox initiative.

On July 23, 2024, the Federal Trade Commission announced that it had launched a study of eight companies’ “surveillance pricing” practices. According to the FTC, “the orders are aimed at helping the FTC better understand the opaque market for products by third-party intermediaries that claim to use advanced algorithms, artificial intelligence and other technologies, along with personal information about consumers—such as their location, demographics, credit history, and browsing or shopping history—to categorize individuals and set a targeted price for a product or service.”

On July 22, 2024, Google announced that the company had scrapped its plan to phase out the use of third-party cookies in its Chrome browser.

On July 9, 2024, the Federal Trade Commission issued a proposed order that banned NGL Labs, LLC, and two of its co-founders from offering an anonymous messaging app called “NGL: ask me anything” to children under the age of 18.

On June 26, 2024, the California Privacy Protection Agency (“CPPA” or the “Agency”) held a virtual preliminary stakeholder session regarding a data broker accessible deletion mechanism.

On July 2, 2024, the French Data Protection Authority (the “CNIL”) published a new set of guidelines addressing the development of artificial intelligence (“AI”) systems from a data protection perspective (the “July AI Guidelines”).

On June 20, 2024, the U.S. District Court for the Northern District of Texas Fort Worth Division ruled that guidance issued by the U.S. Department of Health and Human Services (“HHS”) relating to online tracking technologies exceeded HHS’ authority and ordered that it be vacated. 

In April 2024, the National Institute of Standards and Technology released an initial draft of its AI Risk Management Framework Generative AI Profile. This blog entry provides a summary of the Generative AI Profile.

On June 17, 2024, the United States Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., No. 22-16925, (9th Cir. June 17, 2024) affirming the Northern District of California’s order granting summary judgment in favor of Meta and dismissing the action for lack of standing. Clayton Zellmer, an individual who had never used Facebook, brought claims against the social media company under the Illinois Biometrics Information Privacy Act (“BIPA”), alleging that Meta had improperly obtained his biometric data from photos Zellmer’s friends had uploaded to the platform. Zellmer alleged that Facebook’s “Tag Suggestions” feature, which created a “face signature” using photos of Zellmer, violated Sections 15(a) and 15(b) of BIPA by collecting, using, and storing his biometric identifiers without first obtaining his written consent or establishing a public retention schedule. On appeal, the Ninth Circuit held that “face signatures” are not biometric information or identifiers, and thus are not subject to BIPA.

On June 7, 2024, following a public consultation, the French Data Protection Authority published the final version of the guidelines addressing the development of AI systems from a data protection perspective.

The Centre for Information Policy Leadership at Hunton Andrews Kurth, in partnership with WeProtect Global Alliance, held a series of interactive workshops on digital age assurance as part of its Children’s Privacy Project. They are seeking interested professionals to join their working groups as part of several workshops.

On June 7, 2024, the New York legislature passed a bill (S.B. S7694A), the Stop Addictive Feeds Exploitation (SAFE) for Kids Act, addressing children’s use of social media platforms. The bill is pending Governor Kathy Hochul’s signature.

On May 1, 2024, the UK Information Commissioner’s Office (“ICO”) and the UK regulator for communications and online safety, Ofcom, issued a joint statement regarding their collaboration on the regulation of online services where online safety and data protection intersect. This statement builds on the joint statement published in 2022. The latest statement outlines several areas of collaboration between the ICO and Ofcom.

On April 7, 2024, U.S. Sen. Maria Cantwell (D-WA) and U.S. Rep. Cathy McMorris Rodgers (R-WA) released a discussion draft of the latest federal privacy proposal, known as American Privacy Rights Act (“APRA” or the “Act”). The APRA builds upon the American Data Privacy and Protection Act (“ADPPA”), which was introduced as H.R. 8152 in the 117th Congress and advanced out of the House Energy and Commerce Committee but did not become law. As the latest iteration of a federal privacy proposal, the APRA signals that some members of Congress continue to seek to create a federal standard in the wake of—and in spite of—the ever-growing patchwork of state privacy laws.

On April 9, 2024, Representatives Tim Walberg (R-MI) and Kathy Castor (D-FL) introduced the Children and Teens’ Online Privacy Protection Act (“COPPA 2.0.”) The bill serves as a companion to the Senate bill by the same name.

On March 1, 2024, the Virginia legislature passed S.B. 361 (the “Bill”), which amends the Virginia Consumer Data Protection Act to introduce new protections for children’s privacy. If signed by the Virginia Governor, the new children’s privacy protections will go into effect on January 1, 2025.

Bloomberg Law reported that the Federal Communications Commission adopted rules creating a voluntary cybersecurity labeling program for wireless consumer Internet of Things products, as well as a further notice of proposed rulemaking that seeks comments addressing additional disclosure requirements for program participants with respect to national security.

Last week, Utah Governor Spencer J. Cox signed three privacy-related bills into law. The bills are focused on, respectively, protection of motor vehicle consumer data, regulations on social media companies with respect to minors, and access to protected health information by third parties. The Utah legislature appears to be focused on data-related legislation this session, as Governor Cox signed two other bills related to AI into law last week as well.

On March 7, 2024, the Court of Justice of the European Union (“CJEU”) issued its judgment in the case of IAB Europe (Case C‑604/22). In this judgment, the CJEU assessed the role of the Interactive Advertising Bureau Europe (“IAB Europe”) in the processing operations associated with its Transparency and Consent Framework (“TCF”) and further developed CJEU case law on the concept of personal data under the EU General Data Protection Regulation (“GDPR”).

On February 26, 2024, the National Institute of Standards and Technology (“NIST”) announced the release of Version 2.0 of its voluntary Cybersecurity Framework (“CSF”).

The first iteration of the CSF was released in 2014 as a result of an Executive Order, to help organizations understand, manage, and reduce their cybersecurity risks. The original CSF was developed for organizations in the critical infrastructure sector, such as hospitals and power plants, but has since been voluntarily implemented across various sectors and industries, including throughout schools and local governments.

On February 22, 2024, the Federal Trade Commission announced a settlement order against Avast Limited (“Avast”) requiring Avast to pay $16.5 million and prohibiting Avast from selling or licensing any web browsing data for advertising purposes. This ban is to settle charges that the company and its subsidiaries sold such information to third parties after promising that its products would protect consumers from online tracking.

On February 12, 2024, California bill AB-1949 was referred to the Assembly Committee on Privacy and Consumer Protection. The bill would amend the California Consumer Privacy Act (as amended by the California Privacy Rights Act) (the “CCPA”) to significantly expand businesses’ obligations with respect to the personal information of consumers under the age of 18.

On February 21, 2024, the California Attorney General announced that it had reached a settlement resolving an enforcement action under the California Consumer Privacy Act (“CCPA”) and the California Online Privacy Protection Act (“CalOPPA”) brought against online food delivery company  DoorDash, Inc. (the “Company”). This is the AG’s second CCPA enforcement settlement, following the agency’s settlement with Sephora.

On February 16, 2024, the UK Information Commissioner’s Office (the “ICO”) published its first piece of guidance on content moderation. The ICO defines content moderation in the guidance as the analysis of user-generated content to assess whether it meets certain standards, and any action a service takes as a result of this analysis. This process includes the processing of personal data and,  according to the ICO in its statement, “can cause harm if incorrect decisions are made,” for example content being incorrectly defined as illegal.

On February 12, 2024, a federal court in the Southern District of Ohio issued an order granting a Motion for a Preliminary Injunction, prohibiting the Ohio Attorney General from implementing and enforcing the Parental Notification by Social Media Operators Act, Ohio Rev. Code § 1349.09(B)(1) (the “Act”).

On February 9, 2024, a California state court of appeal ruled in favor of the California Privacy Protection Agency (“CPPA”) and vacated the lower court order postponing enforcement of the CPPA’s final regulations under the California Consumer Privacy Act.

In the latest evolution of lawsuits challenging technologies that track website users, California class action plaintiffs have begun to file under a new theory—the pen register and trap and trace device theory under Section 638.51 of the California Invasion of Privacy Act (“CIPA”).

In November 2023, the UK Information Commissioner’s Office (“ICO”) wrote to organizations operating 53 of the UK’s biggest websites regarding their compliance with data protection laws when using cookies.  On January 31, 2024, the ICO released a statement on such action noting that it received “an overwhelmingly positive response” with 38 of those organizations having changed their cookie banners in order to come into compliance. Others have either committed to ensuring compliance within a month, or are exploring other solutions such as contextual advertising.

On January 18, 2024, the UK Information Commissioner’s Office (“ICO”) published an updated Opinion on age assurance for the Children’s Code (the “Opinion”). The Children’s Code is a statutory code of practice setting out how information society services likely to be accessed by children should protect children’s information rights online.

On January 9, 2024, the Federal Trade Commission published a blog post reminding artificial intelligence (“AI”) “model-as-a-service” companies to uphold the privacy commitments they make to customers, including promises made in Terms of Service agreements, promotional materials and online marketplaces.  

On December 18, 2023, the updated response from UK Information Commissioner John Edwards to the Data Protection and Digital Information (No 2) Bill (the “Bill”) was published on the website of the Information Commissioner’s Office (ICO). The Commissioner’s original response was published in March 2023. In the latest response, the Commissioner states that he is “pleased to note that government made some changes…in response to my comments,” specifically with regards the definition of “vexatious requests” in respect of requests made to the Information Commissioner’s Office, and the drafting of the changes to the safeguards for processing for research purposes. However, the Commissioner goes on to state that the majority of his comments currently remain unaddressed, including with regards the definition of high risk processing. 

On December 12, 2023, the Centre for Information Policy Leadership at Hunton Andrews Kurth LLP (“CIPL”) released a white paper on Privacy-Enhancing and Privacy-Preserving Technologies: Understanding the Role of PETs and PPTs in the Digital Age.

On December 12, 2023, the UK Information Commissioner’s Office (“ICO”) announced that it is producing an online resource relating to employment practices and data protection. The ICO also announced that it would be releasing draft guidance on the different topic areas to be included in the resource in stages, and adding to it over time. The ICO provided draft guidance on “Keeping employment records” and “Recruitment and selection” for consultation. The former draft guidance aims to provide direction on compliance with data protection law when keeping records ...

On November 27, 2023, the California Privacy Protection Agency (“CPPA”) published its draft regulations on automated decisionmaking technology (“ADMT”). The regulations propose a broad definition for ADMT that includes “any system, software, or process—including one derived from machine-learning, statistics, or other data-processing or artificial intelligence—that processes personal information and uses computation as whole or part of a system to make or execute a decision or facilitate human decisionmaking.” ADMT also would include profiling, which would mean the “automated processing of personal information to evaluate certain personal aspects relating to a natural person and in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.”

On November 21, 2023, the UK Information Commissioner’s Office (“ICO”) issued a statement explaining that it has recently written to companies operating some of the UK’s most visited websites regarding their compliance with data protection laws when using cookies. The ICO noted that certain websites are not providing users with fair choices as to whether or not they are tracked for personalized marketing purposes, and referred to its guidance on making it simple for users to “Reject All” advertising cookies. 

On October 30, 2023, the Federal Trade Commission announced that it is sending nearly $100 million in refunds to consumers who were harmed as a result of internet phone service provider Vonage’s alleged use of dark patterns and other obstacles that made it difficult for users to cancel their service.

On October 17, 2023, the Office of the Privacy Commissioner of Canada (“OPC”) announced the release of two companion documents that provide further guidance on protecting the privacy of young people. This guidance follows the recently adopted resolution on young people’s privacy by federal, provincial, and territorial regulators earlier in the month.

On October 26, 2023, the UK Online Safety Act (the “Act”) received Royal Assent, making it law in the UK. The Act seeks to protect children from online harm and imposes obligations on relevant organizations, including social media platforms, to prevent and remove illegal and harmful content. In a press release, the UK Government stated that the Act “takes a zero-tolerance approach to protecting children from online harm, while empowering adults with more choices over what they see online.” For example, the Act requires relevant organizations to:

On October 18, 2023, California Attorney General Rob Bonta filed an appeal to overturn a preliminary injunction issued by the U.S. District Court for the Northern District of California last month that prevents the enforcement of the California Age-Appropriate Design Code Act (“CA AADC”). The appeal was submitted to the U.S. Court of Appeals for the Ninth Circuit and marks an important step in assessing the potential progress of the CA AADC.

On September 29, 2023, the Supreme Court of the United States (“SCOTUS”) accepted petitions challenging the constitutionality of social media laws in Florida and Texas. Florida’s law, S.B. 7072, prohibits “a social media platform from willfully deplatforming a [political] candidate.” Texas’s law, H.B. 20, refers to social media platforms as “common carriers” that are “central public forums for public debate,” and requires common carriers to publicly disclose information related to the common carrier’s method of recommending content to users, content moderation efforts, use of algorithms to determine search results, and the common carrier’s ordinary disclosures to its users on user performance data for each of its platforms. Both of these laws were challenged by NetChoice, LLC, a national trade association of large online businesses, who had recent successes in blocking several laws, including the California Age-Appropriate Design Code and a similar social media law in Arkansas.

On July 5, 2023, Ohio Governor, Mike DeWine, signed into law House Bill 33, which includes the Social Media Parental Notification Act (“Act”).

On September 14, 2023, California Attorney General Rob Bonta announced a $93 million settlement with Google, LLC (“Google”) resolving alleged violations of California’s false advertising law and unfair competition law.

On August 8, 2023, the Massachusetts Gaming Commission approved 205 CMR 257: Sports Wagering Data Privacy, a set of regulations designed to create new rights and obligations with respect to sports betting operators’ use of patrons’ Confidential Information or Personally Identifiable Information. The regulations took effect on September 1, 2023.

On September 18, 2023, Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California granted NetChoice’s request for preliminary injunction in NetChoice v. Bonta, finding that NetChoice is likely to succeed on its claim that the California Age-Appropriate Design Code (“CA AADC”) violates the First Amendment. Specifically, the Court found that, as a speech restriction, the CA AADC would likely fail both strict scrutiny and a lesser standard of scrutiny. The preliminary injunction blocks the CA AADC from going into effect until the case is ...

On August 31, 2023, NetChoice, a national trade association of large online businesses, filed supplemental briefing in its challenge to the California Age-Appropriate Design Code (“CA AADC”). The success or failure of NetChoice’s lawsuit will determine whether companies need to be CA AADC-compliant on July 1, 2024 when the law is anticipated to take effect.

On July 10, 2023, California Governor Newsom signed into law A.B. 127, which places the working group for the California Age-Appropriate Design Code Act (the “Act”) under the California Office of the Attorney General. The Act creates a working group, formally named the California Children’s Data Protection Working Group, to produce a report on recommendations for best practices concerning children’s access to online services. Under A.B. 127, the deadline for the first report from the working group will be pushed back from January 1, 2024, to July 1, 2024, and the working group will be required to consist of only nine members, instead of the original 10-member requirement.

On July 14, 2023, the Norwegian Data Protection Authority (“DPA”) ordered Meta Platforms Ireland Limited and Facebook Norway AS (jointly, “Meta”) to temporarily cease the processing of personal data of data subjects in Norway for the purpose of targeting ads on the basis of “observed behavior,” when relying on either the contractual necessity legal basis (Article 6(1)b)) or the legitimate interests legal basis (Article 6(1)(f)) of the GDPR.

On June 28, 2023, Louisiana Governor John Bel Edwards signed into law H.B. 61, which requires interactive computer services to get parental consent (or consent from a legal representative of a minor) to enter into a contract or other agreement, including the creation of an online account, with minors younger than 18 years of age. The Act comes after similar laws enacted in Texas, Utah and Arkansas. H.B. 61 will take effect on August 1, 2024.