Equinox Business Law Leagal Update: The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) created new privacy rights for consumers and data protection obligations for businesses operating in California. The CPRA, which went into effect on January 1, 2023, includes additional protections for consumers, employees, and small and non-profit businesses, and establishes a new government agency for data privacy enforcement. The CPRA applies to businesses with a gross annual revenue exceeding $25 million, those that buy, sell, or share personal information of more than 100,000 consumers or households per year, or those that derive 50% or more of their annual revenues from selling or sharing consumers' personal information. Businesses need to update their collection notices, privacy policies, opt-out notices, and financial incentive notices and implement proactive risk-based controls. The best way to prepare for compliance is to perform a data audit, map out data flows, construct a privacy policy, and establish good data hygiene processes.
Employers should be aware that the FTC requires disclosure of an employee's employment relationship when making an endorsement on social media for the company they work for. The disclosure must be in simple and clear language and placed conspicuously. The FTC recommends that companies establish a social media policy that includes these disclosure requirements, consistently enforce the policy, and provide employees with training. Employers that direct employees to create or share social media posts should implement a policy and monitor the posts for compliance. To avoid potential legal issues, it is important for employers to follow these guidelines to ensure compliance with the FTC's rules.
As we look forward to 2022, don’t overlook legal. Legal is a powerful tool to help your business gain an advantage. Businesses that incorporate legal tactics into their strategies often can proactively address challenges and leverage legal to gain an edge over their competition. Three areas that can help you gain an advantage over the... View Article
We’ve all heard about cybersecurity risks and the increasing sophistication of hackers seeking to access our data. Small businesses are particularly at risk because they often don’t have sophisticated systems in place. The increasing work-from-home environment due initially to COVID-19, but likely to continue in the future, created even more access. Employees may use their... View Article
In our connected world, the internet is an essential tool for doing business, but it is also a major source of risk. It often isn’t a matter of if your data will ever be compromised, but when and how much. Good data protection policies and practices can help your business minimize risk and exposure to... View Article
With the ever-changing landscape of data privacy, leaders need to stay updated on U.S. data privacy activity. We’ve seen the passing of the CCPA and NY SHIELD Act, and 2020 has seen a significant amount of activity and continued momentum going into next year. We have been keeping a close eye on the proposed changes... View Article
Nearly every business will need to sign a software license agreement to purchase and receive services. Many service providers will present a “boilerplate” or “standard” agreement. Still, the truth is, there is no such thing as a standard or boilerplate software license agreement. When investing in software, business owners must understand what the contract says... View Article
Sweeping new data privacy laws in several states – California, New York, and Nevada – could impact your business. However, you may not be aware that your business may be covered under these privacy laws, even if it does not have a presence in these states. You can take action now by determining whether and... View Article
Data privacy and the protection of personal data will be a defining feature of 2020. States are taking matters into their own hands by passing sweeping new privacy laws, which will impact business owners and website operators across the country. Keep reading for a summary of privacy law activity that business owners may need to... View Article
