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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
In a Data-Obsessed World, Attorneys Welcome Privacy Law Specialization
The Los Angeles Times quotes Daniel M. Goldberg on the California State Bar’s decision to offer a specialization in privacy law. Mr. Goldberg stated that the area of privacy regulation has been exploding with growth, with California on the forefront —driving a need for designating leaders in the field. “‘The law is very complex. But on top of the law being complex, the specialization really requires a level of technical expertise. The law talks all about measures that companies need to take with respect to collection, use, disclosure of data and opting out. But if you don’t understand how the technology works or how the ecosystem works, then it’s an area that would be very, very difficult for you,’ he said.”
“He added, ‘One thing about privacy law is that you also have to be an expert on what’s going on in the news, the latest changes and whether it has to do with ad-tech platforms or AI. If you’re not up with the latest changes, you’re going to fall behind very quickly.’”
Mr. Goldberg emphasized California's pioneering role in privacy regulation. He referenced the state’s passing “the first comprehensive privacy law (the California Privacy Act or CCPA) in 2018, which he said catalyzed the creation of similar laws across other states and established California as the national leader in privacy legislation.” He noted the state had also been a leader in enforcement, citing activity of the Attorney General’s office and the California Privacy Protection Agency’s multiple enforcement actions.
Mr. Goldberg also explained why data privacy is an increasing legal practice at law firms: “‘It’s incredibly lucrative just because it’s such a broad area. It really is a subject matter expertise that goes in so many different subcategories of practices, and so almost every firm now has to have a privacy expert.'" View Article
June 26 2025
Legal, Regulatory Woes Could Mark New Era for Influencers
Hannah E. Taylor is quoted in FTCWatch on class actions against influencers and the brands they represent. Such lawsuits alleging deceptive advertising are now seeking hundreds of millions of dollars in damages. Ms. Taylor discussed this trend and commented on the FTC’s position, the NAD’s increased attention to influencer marketing, the responsibility of brands, and AI tools used to monitor content. View Article. (Subscription required)
June 24 2025
An Influencer Gained Followers as She Documented Her Weight Loss. Then She Revealed She Was on a GLP-1
Hannah E. Taylor is quoted in The Wall Street Journal about social media influencer Janelle Rohner, who shared her weight loss progression with diet and lifestyle tips, selling a paid course on nutrition. When Ms. Rohner posted she was taking a medication used for weight reduction and diabetes, her critics questioned her the legality of her advertising and e-commerce. The article stated, “Hannah Taylor, deputy managing partner and a partner in the advertising, marketing and public relations group at law firm Frankfurt Kurnit Klein & Selz, said proving an influencer acted fraudulently is a high bar because many jurisdictions require showing that the defendant had an intent to deceive. False advertising is typically easier to prove. Taylor said if someone had purchased the course believing that it led to Rohner’s weight loss, when in fact the medicine was the cause, that could be a material omission that could subject the influencer to false advertising liability.” View article.
May 30 2025
