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June 22nd, 2022
Calif. Privacy Agency Signals Strength With Rules Proposal
Privacy & Data Security Chair Daniel M. Goldberg is quoted in the article, “Calif. Privacy Agency Signals Strength With Rules Proposal” published by Law360. The article discusses the California Privacy Protection Agency’s first draft of its regulations for the California Privacy Rights Act, a strengthened version of the state's Consumer Privacy Act set to take effect in January 2023. Daniel is quoted saying, "The regulations, as written, impose highly technical contractual and disclosure obligations that differ fundamentally from other privacy laws and will confuse businesses and consumers" and "I hope the CPPA will reduce many of these technical requirements in the next round."
The proposed regulation's mandate that businesses have a process for responding to global opt-out digital signals. Daniel says, “As it's currently drafted, the requirement is way too broad, and there are not enough qualifiers or explanations about what signals need to be recognized."
Daniel concludes by saying, "The purpose of privacy laws like CPRA is to provide individuals with more information about and choice around how their information is being used" and "Where things go wrong is when there are a lot of technicalities and granularities that require businesses to make even more disclosures that may not necessarily help consumers."
Read the full article here. (Behind paywall)
Other Quoted
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
SHOOT’s 65th Anniversary Reflections: FKKS’ Managing Partner Jeffrey A. Greenbaum
SHOOT Magazine quotes Jeffrey A. Greenbaum in its 65th Anniversary coverage on where the advertising industry has been, is, and is going. Jeff discusses the most significant legal cases during his industry tenure and the accompanying lessons, the most pressing legal issues for the commercial production community, his most meaningful professional accomplishments, and the value he has gained from reading SHOOT. Read more.
July 24 2025
