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October 21st, 2013
California Amends Its Online Privacy Protection Act
Last month California introduced two amendments to the state's privacy law, the California Online Privacy Protection Act. The amendments establish new requirements for operators of websites, online services and mobile apps that collect personal information about California residents.
On September 23, 2013, Governor Jerry Brown signed Senate Bill 568, which adds a new section to CalOPPA entitled "Privacy Rights for California Minors in the Digital World." Effective on January 1, 2015, the new section prohibits operators of an Internet website, online service, online application or mobile application directed to California minors under the age of 18 from marketing or advertising certain listed products or services on their sites or apps. The amendment contains a list of 19 prohibited products and services, including alcohol, tobacco products, firearms, "dangerous fireworks," ultraviolet tanning device services, and aerosol paint containers "capable of defacing property." Additionally, the amendment requires operators to instruct minors on how to remove content they have posted to the site or app, and permit minors to remove or request and obtain the removal of such content. The law does provide exceptions for content or information posted by a third-party and not the minor directly, or where (i) state or federal law requires the operator to maintain the content, or (ii) the operator anonymizes the content.
For more information about this legislation and the steps website and online service operators will need to take to comply, please contact Greg Boyd at (212) 826 5581 or email@example.com, Claudine Wilson at (212) 705 4842 or firstname.lastname@example.org, or any other member of the Frankfurt Kurnit Advertising Group.
Other Privacy & Data Security Law Alerts
Privacy Shield: Year One Updates You Need To Know
This month we're celebrating Privacy Shield's first birthday with an update on everything Privacy Shield. There have been a number of developments on the Privacy Shield-front that companies certified or seeking self-certification under Privacy Shield need to know.
October 17 2017
Class Action Lawsuits Over Alleged COPPA Violations Reinforce Importance of Compliance
Earlier this month, three class action lawsuits were filed against companies for alleged violations of the Children's Online Privacy Protection Act ("COPPA").
August 22 2017
Third State Adopts Biometric Privacy Law
On June 1, 2017, Washington State joined Illinois and Texas as the third state to pass a biometric privacy law. The law, H.B. 1493, which goes into effect July 23, 2017, covers any business entity that collects biometric identifiers for commercial purposes.
July 11 2017