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June 1st, 2022
Calif. Privacy Agency Unveils Long-Awaited Draft Regulations
Privacy & Data Security Group Chair Daniel M. Goldberg and Privacy & Data Security Associate Maria Nava’s recent blog post on the California Privacy Protection Agency’s (CPPA) proposed regulations to the California Consumer Privacy Act is cited in the article, “Calif. Privacy Agency Unveils Long-Awaited Draft Regulations” published by Law360.
"As expected, the Regs clarify that businesses must recognize Do Not Sell or Share (DNS) opt-out preference signals," Daniel and Maria Nava wrote. "While some privacy professionals have argued that businesses have a choice between posting a DNS link or honoring an opt-out preference signal, the Regs expressly state that interpretation is incorrect."
“However, the new proposal fails to clarify what exactly constitutes a valid opt-out signal, declining to recognize the Global Privacy Control or other technical specifications that have been developed to allow consumers to exercise their opt-out rights across the internet” and "As written, businesses arguably must respond to any signal, which will create compliance hurdles," said Daniel and Maria, adding that the regulations also don't prohibit opt-out signals from being set to "on" by default by a browser, like the new consumer privacy law that was recently enacted in Connecticut does.
Daniel and Maria note, “Under the CPRA regulations, companies that receive an opt-out request also need to notify any downstream third parties to stop selling or sharing the information as well” and "This appears to be a higher burden than currently required under CCPA or the CPRA text, and reemphasizes the need for a signal that can be read by downstream parties."
Lastly, Contracts with third parties "must also expressly require the third-party to check for opt-out signals," they added. If implemented, this and other proposed requirements, including that these agreements "expressly identify" the specific service for which the third party is processing information, would result in contracts with third parties needing to be much more robust, Daniel and Maria said.
Read full article here. (Behind paywall)
Other Quoted
Jonah Brill and Spouse Emma Brill Featured on Cardozo Law School Podcast
Jonah Brill and his wife Emma Brill are interviewed on their alma mater’s audio publication SPARKS: A Cardozo School of Law Podcast | Cardozo Law. Having met as first-year law students at the Benjamin N. Cardozo School of Law, they discuss how their law school affected their personal lives and chosen career paths. They share their class recommendations, “insights into the complexities of tax law,” and “lessons learned along the way.” Listen here.
April 8 2025
Key Amendments to the New York Rules of Professional Conduct
The New York Law Journal quotes Tyler C. Maulsby on the recently amended Rules of Profesisonal Conduct, which will affect conflicts, screening of laterals, fairness to opposing counsel, and more. View Article
April 1 2025
Duke’s ‘White Lotus’ Cameo Not Likely An IP Problem for HBO
Law360 quotes Kimberly M. Maynard on whether HBO was within its rights to use Duke University's apparel in its artistic expression on the dark comedy show "The White Lotus." Kim argues that when discussing something that's clearly an artistic expression, brand owners' rights are fairly limited by the First Amendment and the Rogers case, even as amended by the Jack Daniels' case. (Behind paywall) View Article
March 31 2025
