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Data & Privacy Law

Website Terms and Conditions: More Important than Ever

by David Klein

The era of social distancing brought on by the recent Covid-19 pandemic has greatly limited in-person retail interaction. Consequently, e-commerce transactions and other online interactions have significantly increased in popularity, making well-drafted website Terms and Conditions more essential than ever for website operators. Website Terms and Conditions, coupled with online Privacy Policies, are the legal documents used to establish the contractual relationship between website operators and their respective end-users and customers.  

Given this vital role, it is of paramount importance that website operators ensure that their website Terms and Conditions limit liability to the maximum extent permitted by law and provide other key legal protections.

Why Is It Important to Have A Contract with Website End Users?

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Preparing CCPA Privacy Policies Before the July 1 Enforcement Date

by David Klein

Despite the myriad issues that businesses now face with the Covid-19 pandemic, the California State Attorney General remains committed to the California Consumer Privacy Act (“CCPA”) enforcement date of July 1, 2020. As such, businesses that have not already done so should add CCPA compliance to their immediate to-do lists. One area of compliance that requires attention is online privacy policies that include CCPA-mandated provisions (“CCPA Privacy Policies”). Since the proposed CCPA regulations were first released to the public on October 11, 2019, the California State Attorney General’s Office has released two (2) modifications thereto. Those modifications have, in turn, necessitated changes to companies’ CCPA Privacy Policies. Businesses must, among other things, update their online privacy policies to ensure that they include CCPA-required disclosures and the associated menu of consumer options. 

What is required of CCPA Privacy Policies?

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The Importance of Well-Drafted Website Terms and Conditions

by David Klein

The United States District Court for the Southern District of New York recently issued a ruling that exemplifies the importance of well-drafted website Terms and Conditions. In Stephanie Sinclair v. Ziff Davis, LLC and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), the Court ruled that because Stephanie Sinclair (“Sinclair”) had agreed to Instagram’s Terms of Use, Mashable, Inc. (“Mashable”) was allowed to embed Sinclair’s photograph on its website as a sublicensee, without separately obtaining Sinclair’s permission. This case illustrates that, when drafted correctly, website Terms and Conditions can save website owners from lengthy and expensive litigation. 

How can website Terms and Conditions help protect your website?

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CCPA Record Keeping Requirements

by David Klein

Despite the ongoing Covid-19 pandemic, the California Consumer Privacy Act (“CCPA”) enforcement date remains set at July 1, 2020. Readers of this blog know that we have been providing frequent updates on all things CCPA. In this post, we take a deep dive into the record keeping requirements contained in the CCPA.

What are the CCPA record keeping requirements?

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Governor Cuomo Revises E-Signature Executive Order

by David Klein

Previously, we blogged about federal and state e-signature and notarization laws that apply in this time of working remotely from home. On March 31, 2020, the New York Department of State revised Executive Order 202.7 to clarify the responsibilities of New York State licensed notaries public. 

What are the revisions to the Executive Order?

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CCPA Enforcement Date Remains July 1, 2020

by David Klein

The novel coronavirus (“COVID-19”) pandemic has required businesses to adapt to unforeseen disruptions. However, one thing that has remained constant is the California Consumer Privacy Act (“CCPA”) enforcement date of July 1, 2020. Earlier this month, a coalition of approximately 60 businesses sent a letter to California Attorney General Xavier Becerra asking that the CCPA enforcement date be delayed until January 2, 2021 because of ongoing health and economic worries created by COVID-19. Civil Code Section 1798.85(c) states that “the Attorney General shall not bring an enforcement action under this title until six months after the publication of the final regulations issued pursuant to this section or July 1, 2020, whichever is sooner.” In an email to Forbes magazine, an advisor for the California Attorney General’s Office said that they are “committed to enforcing the law upon finalizing the rules or July 1, whichever comes first,” and “encourage[d] businesses to be particularly mindful of data security in this time of emergency.” Consequently, because the final regulations have not been published, July 1, 2020 remains the CCPA enforcement date. Given the foregoing, businesses working to weather the damage caused by COVID-19 also need to be mindful of their compliance obligations under the CCPA.

What are the CCPA Enforcement Measures?

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CCPA Regulations Revised, Again

by David Klein

Recently, the California Consumer Privacy Act (“CCPA”) regulations were modified by the California Attorney General for a second time. These modifications are an attempt to address issues raised by approximately one hundred comments that followed the release of the Modified Draft Regulations on February 7, 2020. The California Attorney General is accepting written comments on the latest modifications until March 27, 2020. All of these measures are being taken to ensure that businesses have a clear understanding of what the CCPA regulations require before the enforcement date of July 1, 2020. 

What are the most recent modifications to the CCPA regulations?

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False Advertising: What You Need to Know

by David Klein

False advertising occurs when a business makes a misleading, deceptive, or plainly false claim about a particular product or service. There are currently a host of state and federal laws aimed at addressing false advertising, the most prominent of which is the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. § 53(b).  As articulated by Federal Trade Commission (“FTC”) Commissioner Christine S. Wilson, “[a]ccurate and complete information contributes to the efficient functioning of the market and facilitates informed consumer decision-making.  In contrast, deceptive or false claims inhibit informed decision-making and cause economic injury to consumers.”  

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