Preparing for the New Age of U.S. Data Privacy Laws

At the start of this year and continuing throughout 2023, several new general data privacy laws in four states (VA, CO, CT, and UT) and the update to California’s comprehensive consumer privacy law started to go into effect, marking a significant shift in the data privacy landscape in the United States.

While U.S. data privacy laws have historically focused on harm prevention in specific sectors, the new laws adopt a broader rights-based approach around individual access, correction, portability, erasure, consent, and appeal of their personal information, similar to the European General Data Protection Regulation (GDPR).

In preparation for this profound shift in the data privacy landscape, KO’s data privacy and security team launched a four-part educational video series to help businesses prepare to operate under the evolving patchwork of privacy laws.

In the four-part series, KO’s data privacy and security attorneys cover:

• Part One: An overview of how to prepare for 2023 general U.S. data privacy laws, covering scope, entity- and data-level exemptions, compliance deadlines, and general obligations
• Part Two: Practical tips for modifying a business’s privacy policy
• Part Three: A comprehensive overview of consumer requests and consent management
• Part Four: Best practices for modifying a business’s data processing addendum.

Preparing for 2023 State Privacy Laws

Watch the first video below where Chris Achatz and Malia Rogers discuss the threshold question of scope, including relevant entity- and data-level exemptions, compliance deadlines, and general obligations.

Watch KO Data Privacy Part One:

Practical Tips to Modify Your Privacy Policy

In this second video, Erin Locker and Sahara Williams discuss practical tips for modifying a business’s privacy policy. This video explores key changes in the ever-evolving transparency and notice requirements, and delves into the specific components a privacy policy must have to be compliant with the new laws. The speakers cover enhanced disclosure obligations, expanded individual privacy rights across states, offline delivery of privacy notices, disclosures relating to “selling” and “sharing” data, as well as financial incentive programs and related notice requirements.

Watch KO Data Privacy Part Two:

Navigating Consumer Requests and Consent Management

In this third video, Erin Locker and Malia Rogers provide a comprehensive overview of consumer requests and consent management. This segment explores data subject rights under the 2023 general U.S. data privacy laws. The speakers dive into new consumer rights, including the rights to:

• Correction
• Limiting the use and disclosure of sensitive personal information
• Consenting to process sensitive data
• Opting out of “sharing”/targeted advertising
• Opting out of profiling
• Appeals

This segment of the series also discusses exceptions, exemptions, and how to operationalize opt-outs and responses to consumer requests.

Watch KO Data Privacy Part Three:

Best Practices to Modify Your Data Processing Addendum

In this fourth video, KO’s Chris Achatz and Sahara Williams share best practices for modifying your data processing addendum. This video covers data processing addendum requirements, including compliance with applicable state laws, sample provisions, and industry standards. The speakers in this segment also dive into additional California-specific requirements, international data transfers, and supplemental documents.

Watch KO Data Privacy Part Four:

Viewers are eligible for CLE credit by watching any of the videos above. Please contact Alex Melberg at [email protected] for the CLE code. 

With these general U.S. data privacy laws in effect, or coming into effect in 2023, and compliance deadlines fast approaching, businesses are advised to assess the application of these laws and make the necessary privacy compliance program updates. For more information about this series, or to contact the KO data privacy and security team, please reach out to Chris Achatz, Erin Locker, Sahara Williams, or Malia Rogers.