Does California’s New Data Privacy Law Apply to My Business?

Does California’s New Data Privacy Law Apply to My Business?

Data Protection, E-Commerce, Privacy
Starting January 1, 2020, the California Consumer Privacy Act (CCPA), far and away the broadest consumer data privacy law passed by any State to date, goes into effect.   What is the CCPA? CCPA grants California "consumers" extensive rights as to how their personal information is collected, stored, and used, as well as gives them a private cause of action against businesses who violate its requirements.   For businesses (including those not even located in California) that collect or process the personal information of California consumers, CCPA includes very specific disclosure requirements for those consumers, as well as stiff statutory penalties for failure to comply.   As with the implementation of the EU's General Data Protection Regulation (GDPR) last year, CCPA is causing much hand-wringing among owners and management of…
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Can I Tape Record a Conversation Like in ‘Succession’?

Can I Tape Record a Conversation Like in ‘Succession’?

Popular Culture, Privacy, Uncategorized
Graeme Hunter/HBO HBO's "Succession" is one of my favorite shows going, and easily one of the best things on TV. It's not even a debate. The subplot of a recent episode, in which one of the less scuzzy supporting characters (Greg) secretly tapes his conversation with far sleazier boss (Tom) in order to have evidence of Tom ordering him to destroy, well, evidence, provided a fine excuse to cover the question: Is it illegal to secretly tape record your live conversation with someone? Arizona is a "One-Party" State No, I am not talking politically.  When it comes to recording a conversation you're having, Arizona is what is known as a "one-party" or "single-party" consent state. Under Arizona Revised Statutes §13-3005, it is a felony for you to intentionally "intercept" a…
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5 Essential Agreements Every E-Commerce Site Should Have

5 Essential Agreements Every E-Commerce Site Should Have

Contracts, E-Commerce, Privacy, Start-Up
Founders of e-commerce businesses can often be so wrapped up in getting to market and scaling as quickly as possible that they overlook legal protection for their business. Operating any business, let alone one providing goods or services over the Internet, without important legal safeguards in place is like trying to cross the 101 Freeway every day wearing a blindfold. Could you get away with it? For awhile, perhaps. However, sooner or later, the odds will catch up--with potentially catastrophic results. In this post, we'll cover the five essential legal agreements which every e-commerce site should have. Understand that this list is merely intended to describe the most basic documents that your e-commerce site should have in place. It is not meant to be exhaustive. There are other, no less…
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Happy GDPR Day!

Happy GDPR Day!

Data Protection, European Union, GDPR, Privacy
Happy GDPR Day, everyone. Interesting article in today's Times about it.   For me, the most interesting takeaway is how the EU's model data protection and privacy regulations are being disseminated to other nations and regions (e.g. Brazil and Japan), as a way to check Facebook, Google, and similar tech juggernauts.  As the New York Times, explains: "Brazil, Japan and South Korea are set to follow Europe’s lead, with some having already passed similar data protection laws. European officials are encouraging copycats by tying data protection to some trade deals and arguing that a unified global approach is the only way to crimp Silicon Valley’s power." In other words, since (for now anyway) the U.S.  has proven itself unwilling to reign in Facebook, Google, etc., the EU and the rest of…
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