4.  Enforcement of California’s Privacy Law — In August 2022, the California Attorney General’s office published its first enforcement action and imposed its first fine in relation to an eCommerce website’s use of targeted advertising technology. Although enforcement of the California Privacy Rights Act (CPRA) is not permitted until July of 2023, the California Attorney General may attempt to ramp up its enforcement of the California Consumer Privacy Act (CCPA) until that date. After July, it is likely the California Privacy Protection Agency will try to make its mark by initiating enforcement actions and warnings to companies that have not updated their compliance programs to account for the new law.

5.  More Privacy Class Action Litigation Based on Wiretapping Laws — “Session replay” refers to a tool that records and analyzes customers’ interactions with a business’s website or phone application to improve functionality and user experience. Over the last few years, a trend has emerged of plaintiffs alleging the use of session replay software violates anti-wiretapping laws which were intended to prevent eavesdropping and secret recordings. It is likely that plaintiffs will continue to assert these arguments in an attempt to impose statutory damages through litigation by shoehorning AdTech tools into violations of wiretapping statutes.

Greenberg Traurig’s Data Privacy & Cybersecurity Group is composed of a multidisciplinary group of attorneys and professionals located throughout the world. GT’s team of dedicated data protection attorneys have experience working hand in hand with organizations of all sizes to develop practical strategies and provide strategic advice on virtually all aspects of data protection including GDPR, CCPA, VCDPA, CPA, CTDPA, UCPA and other compliance issues; data use, transfer and licensing projects; data breaches and regulatory investigations; and defending against privacy-related class actions.

GT’s Data Privacy Dish blog offers a centralized resource to stay up-to-date on news and insights on important data privacy and cybersecurity developments impacting and important to our clients.  To keep up to date on emerging data protection issues, visit the blog to subscribe.

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