On September 7, 2022, the Children’s Advertising Review Unit of BBB National Programs announced its finding that Tilting Point Media, LLC, owner and operator of the SpongeBob: Krusty Cook-Off app, violated the Children’s Online Privacy Protection Act and CARU’s Self-Regulatory Guidelines for Advertising and for Children’s Online Privacy Protection.
Continue Reading CARU Finds SpongeBob App in Violation of COPPA and CARU’s Guidelines

On September 15, 2022, California Governor Gavin Newsom signed into law the California Age-Appropriate Design Code Act. The Act, which takes effect July 1, 2024, places new legal obligations on companies with respect to online products and services that are likely to be accessed by children under the age of 18.
Continue Reading California Enacts the California Age-Appropriate Design Code Act

On June 3, 2022, House Energy and Commerce Chair Rep. Frank Pallone, Ranking Member Rep. Cathy McMorris Rodgers and Senate Commerce, Science and Transportation Committee Ranking Member Sen. Roger Wicker released a new comprehensive federal privacy bill, the American Data Privacy and Protection Act.
Continue Reading House and Senate Release a Bipartisan U.S. Federal Privacy Bill

On April 8, 2022, the Food and Drug Administration issued Cybersecurity in Medical Devices: Quality System Considerations and Content of Premarket Submissions, a draft guidance document for industry and FDA staff. Industry stakeholders will have until July 7, 2022 to comment on the proposed guidance.
Continue Reading FDA Issues Draft Cybersecurity Guidance for Medical Devices

On December 27, 2021, the Federal Trade Commission sought public comment on a petition filed by Accountable Tech calling on the FTC to use its rulemaking authority to prohibit “surveillance advertising” as an “unfair method of competition.”
Continue Reading FTC Seeks Comments on Accountable Tech’s Petition for Rulemaking to Prohibit Surveillance Advertising

On December 15, 2021, the Federal Trade Commission announced a $2 million settlement with OpenX Technologies in connection with alleged violations of the COPPA Rule and the FTC Act. The FTC alleged that OpenX knowingly collected personal information from children under 13 without parental consent and collected geolocation data from users who opted out of being tracked.
Continue Reading FTC Announces $2 Million Settlement with Ad Exchange Over Alleged COPPA Violations

China’s State Administration for Market Regulation has recently issued Measures for the Supervision and Administration of Online Transactions. The Measures implement rules for the E-commerce Law of China and provide the specific rules for addressing registration of an online operation entity, supervision of new business models (such as social e-commerce and livestreaming), platform operators’ responsibilities, protection of consumers’ rights and protection of personal information.
Continue Reading China Issues the Measures for the Supervision and Administration of Online Transactions

The Federal Trade Commission announced that it will hold a workshop on digital dark patterns on April 29, 2021. The workshop will aim to understand the ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting or impairing consumer autonomy, decision-making or choice.
Continue Reading FTC to Host Digital Dark Patterns Workshop in April

On February 10, 2021, the European Data Protection Supervisor published two opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The two proposals are part of a set of measures announced in the 2020 European Strategy for Data and have two main goals: (1) creating a safer digital space in which the fundamental rights of all users of digital services are protected, and (2) establishing a level playing field to foster innovation, growth and competitiveness in the European Single Market and globally.
Continue Reading EDPS Publishes Opinion on Digital Services Act and Digital Markets Act

On February 10, 2021, representatives of the EU Member States reached an agreement on the Council of the European Union’s negotiating mandate for the draft ePrivacy Regulation, which will replace the current ePrivacy Directive. The text approved by the EU Member States was prepared under Portugal’s Presidency and will form the basis of the Council’s negotiations with the European Parliament on the final terms of the ePrivacy Regulation.
Continue Reading EU Member States Agree on Council’s Text for the ePrivacy Regulation