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On September 26, 2022, the UK Information Commissioner’s Office confirmed in a statement that it issued TikTok Inc. and TikTok Information Technology UK Limited a notice of intent to potentially impose a £27 million fine for failing to protect children’s privacy. …
Continue Reading UK ICO Issues TikTok Notice of Intent with Possible £27 Million Fine for Children’s Privacy Violations

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 September 5, 2022, the Irish Data Protection Commissioner imposed a €405,000,000 fine on Instagram for violations of the EU General Data Protection Regulation’s rules on the processing of children’s personal data. …
Continue Reading Irish Data Protection Commissioner Fines Instagram for Children’s Privacy Violations

New York recently became the first state to require attorneys to complete at least one credit of cybersecurity, privacy and data protection training as part of their continuing legal education requirements. The new requirement will take effect July 1, 2023.
Continue Reading New York Becomes First State to Require CLE in Cybersecurity, Privacy and Data Protection

On July 6, 2022, the Better Business Bureau National Programs’ Children’s Advertising Review Unit (“CARU”) announced that it had found Outright Games in violation of the Children’s Online Privacy Protection Act (“COPPA”) and CARU’s Self-Regulatory Guidelines for Advertising and Guidelines for Children’s Online Privacy Protection. Outright Games owns and operates the Bratz Total Fashion Makeover app, which CARU determined to be a “mixed audience” child-directed app subject to COPPA and CARU’s Guidelines due to the app’s subject matter, bright colors, visual content, lively audio and gameplay features.…

Continue Reading Children’s Advertising Review Unit Finds Outright Games in Violation of COPPA and CARU’s Advertising and Privacy Guidelines

On June 3, 2022, the Federal Trade Commission announced it is seeking public comment on its 2013 guidance, “.com Disclosures: How to Make Effective Disclosures in Digital Advertising.” The public can provide comments on possible updates to the guidance through August 2, 2022. …
Continue Reading FTC Seeks Public Comment on Modernizing Its Digital Deception Guidance

On May 25, 2022, Twitter reached a proposed $150 million settlement with the Department of Justice and the Federal Trade Commission to resolve allegations that the company deceptively used nonpublic user contact information obtained for account security purposes to serve targeted ads to users.
Continue Reading Twitter to Pay $150 Million to Settle Allegations of Data Misuse

On April 23, 2022, the European Commission announced that the European Parliament and EU Member States had reached consensus on the Digital Services Act, which establishes accountability standards for online platforms regarding illegal and harmful content. …
Continue Reading European Union Reaches Political Agreement on Digital Services Act

On March 1, 2022, President Biden, in his first State of the Union address, called on Congress to strengthen privacy protections for children, including by banning online platforms from excessive data collection and targeted advertising for children and young people. …
Continue Reading President Biden Calls for Stronger Privacy Protections for Children in State of the Union