Gary A. Kibel

Dec 4, 2024 | adexchanger.com | Gary A. Kibel

There are now 19 states that have enacted comprehensive consumer data privacy laws, eight of which are currently in effect. When talk turns to the most impactful of these state privacy laws, the conversation usually starts and stops with California. However, recent developments should alter that conclusion. The Maryland Online Data Privacy Act (MODPA) takes effect on October 1, 2025. And the Maryland Age-Appropriate Design Code (AADC) is already in effect as of October 1, 2024.

Nov 12, 2024 | mondaq.com | Gary A. Kibel |Marc J Rachman |Sarah Benowich

Nearly any business with a public-facing website is susceptible to plaintiffs seeking to apply decades-old state privacy laws to modern and common online practices. Despite murky case law, there are some viable defenses that can be raised, including that the plaintiff does not have standing because there is no concrete harm.

May 21, 2024 | mondaq.com | Gary A. Kibel |Samantha G. Rothaus

Over the last year, nearly 200 new laws were proposed across dozens of states to regulate AI technology. Utah's new AI transparency law requires companies to disclose when their AI systems are used to interact with consumers. A new law pending in Colorado will be the first to regulate the use of AI when making consequential decisions about individuals.

Feb 20, 2024 | mondaq.com | Gary A. Kibel

Clean rooms are all the rage these days. They enable parties to engage in certain data processing activities in a more secure and privacy-friendly manner. Putting data in the possession of a presumably trusted third party makes a world of sense. But while clean rooms are very useful for some things, it is questionable whether they are the panacea for all privacy-compliance challenges.

Feb 20, 2024 | mondaq.com | Gary A. Kibel

Over the next few months (and years), we'll likely see the introduction of new state laws protecting consumer privacy. These laws are designed to enhance the disclosure of privacy policies, establish opt-in and/or opt-out mechanisms, create avenues for consumers to update or delete their data and put other requirements in place. In the absence of a federal privacy law, advertisers can expect to see a steady stream of announcements like the one below. Just fill in the blanks.