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FTC Cracks Down on Child Online Privacy Protection Act Violations

Take a look at your website’s privacy policy.  Chances are, it includes some language stating that your website does not intend to collect personal information from children under the age of 13 and that, if you become aware that your website has collected personal information from a child under the age of 13, you will promptly delete that information.  This is designed to address the Child Online Privacy Protection Act (“COPPA”), which requires parental consent prior to collecting personal information about a child under the age of 13.

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Proposed bill imposes stiff penalties and compensates consumers for data breaches

Last September, shortly after Equifax disclosed a massive data breach, regulatory agencies moved quickly to adopt regulations intended to better protect consumers from data breaches.  Last week, Congress took a first step toward codifying such protections.

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The New US-EU Privacy Shield

Effective as of July 12, 2016, the European Union has implemented the new US-EU Privacy Shield (the “Privacy Shield”).  The Privacy Shield permits US organizations to self-certify that they meet the requirements for protecting Europeans’ personal data (“EU Data”), allowing them to receive such data from EU organizations.  The Privacy Shield is designed to replace the former US-EU Safe Harbor (the “Safe Harbor”), which was invalidated in a case decided by the Court of Justice of the European Union (the “CJEU”) in October of last year.

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Disclaimer

This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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