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Perkins on Privacy

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Perkins on Privacy

Perkins on Privacy keeps you informed about the latest developments in privacy and data security law. Our insights are provided by Perkins Coie's Privacy & Security practice, recognized by Chambers as a leading firm in the field. 

Business
December 4, 2025 Regulatory Enforcement Data Security Data Breach and Incident Response

SEC Dismisses Cyber Disclosure Case Against SolarWinds and CISO

Key Takeaways

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Remote Computer
December 1, 2025 Children’s Privacy Online Safety Cybersecurity International Privacy Laws Privacy Compliance

More Online Safety Legislation: Preparing for Brazil’s Digital ECA

The wave of online safety regulation is continuing to surge, with Brazil’s recent enactment of Law No. 15,211/2025—the Digital Statute for Children and Adolescents (Digital ECA)—as the latest addition. 

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November 14, 2025 Legislative Developments National Security Data Security Cybersecurity

President Trump Approves Short-Term Renewal of CISA 2015

Congress included in the appropriations bill of November 12, 2025, an extension of the Cybersecurity Information Sharing Act of 2015 (CISA 2015), 6 U.S.C. §§ 1501–10, through January 30, 2026. 

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Government Contracts, Privacy & Security
October 30, 2025 Data Security CCPA Regulatory Enforcement Privacy Compliance State Privacy Laws Data Breach and Incident Response Legislative Developments

Preparing for the California Cyber Audit Regulations

On September 23, 2025, the California Privacy Protection Agency confirmed that their cyber audit regulations will at long last go into effect on January 1, 2026. 

You can be forgiven for losing track since these were first proposed in September 2023, but now is the time to start considering how they will apply to your company and budgeting for that impact. 

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Data Center
October 15, 2025 Data Breach and Incident Response Data Security Legislative Developments

2025 Breach Notification Law Update

State Updates, Security Mandates, and the Federal Regulatory Horizon

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bank
September 25, 2025 AdTech Cybersecurity Data Security Federal Developments National Security Privacy Compliance Regulatory Enforcement

DOJ Posts New FAQ for the “Bulk Data” Rule

The U.S. Department of Justice (DOJ) “Data Security Program” (DSP), also known as the “Sensitive Data Rule” or “Bulk Data Rule,” has prompted numerous questions about its scope and application. 

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AI finger touch screen
September 5, 2025 Artificial Intelligence Regulatory Enforcement Consumer Protection

FTC Files New “AI Washing” Case

On August 25, 2025, the Federal Trade Commission filed a complaint against Air AI, alleging the company and its owners made overblown claims about the availability and capabilities of its artificial intelligence (AI) tools to replace human sales representatives, as well as deceptive claims about the busi

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woman online shopping
July 24, 2025 Children’s Privacy Privacy Compliance State Privacy Laws Privacy Litigation Consumer Protection

Free Speech Coalition v. Paxton: What the Supreme Court’s Age Verification Decision Could Mean for All Websites—Not Just Adult Ones

On June 27, 2025, the United States Supreme Court weighed in on the ongoing debate about age verification requirements for websites, holding that it is constitutional for a state to require websites that have a significant portion of adult content to implement commercial age verification systems. 

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Phone Consumer
June 24, 2025 Consumer Protection Financial Privacy Legislative Developments

The Slow Death of the CFPB Open Banking Rule?

On May 30, 2025, the Consumer Financial Protection Bureau (CFPB) stated in a court filing that its “Open Banking Rule” (Rule) issued during the Biden administration “is unlawful and should be set aside.” View blog post
Virtual Landscape
May 28, 2025 State Privacy Laws Children’s Privacy Consumer Protection Artificial Intelligence

Montana’s Consumer Data Privacy Law Update: SB 297’s Sweeping Changes at a Glance

On May 8, 2025, Montana Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, significantly revising the existing Montana Consumer Data Privacy Act (MCDPA). View blog post
privacy shield
April 25, 2025 Regulatory Enforcement Federal Trade Commission Consumer Protection

FTC Enforcement Priorities Take Shape With Resource Cuts in Mind

Perkins Coie partner Janis Kestenbaum says the FTC is keeping the pressure on strong consumer protection enforcement despite the Trump administration’s deregulatory agenda.

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bell on front desk at hotel
November 7, 2024 Regulatory Enforcement Data Security Data Breach and Incident Response Federal Trade Commission

FTC and State Coalition Settle Data Breach Cases with Marriott

In 2018, Marriott announced a data breach affecting its Starwood reservation system, thought at the time to have affected up to 500 million people worldwide. These settlements arise from that incident, as well as two smaller incidents that also affected Starwood and Marriott. The FTC alleges these incidents exposed payment card information, unencrypted passport numbers, and loyalty account information, along with other information like names, dates of birth, and contact information. View blog post
Pillars of a courthouse
November 1, 2024 Marketing Consumer Protection

Supreme Court To Review FCC Authority Over Junk Faxes

In what is shaping up to be an increasingly active term for judicial scrutiny of agency deference, the U.S. Supreme Court granted certiorari in McLaughlin Chiropractic Assoc. v. McKesson Corp., No. 23-1226 (U.S. Oct. 4, 2024)—a case which appears primed to address how much deference federal courts must give to agency interpretations of the law. View blog post
AI finger touch screen
September 30, 2024 Data Breach and Incident Response Data Security

2024 Breach Notification Law Update: Unique New State Obligations and Widespread New Federal Obligations

Amid intense focus on AI and a flurry of consumer privacy law updates, legislative activity has continued to change data breach notification requirements in a variety of ways. Similar to 2023, a handful of changes to generally applicable state breach notification statutes were accompanied by steady sectoral activity at the state level and significant updates at the federal level, including new obligations from both the Federal Trade Commission (FTC) and the U.S. Securities and Exchange Commission (SEC). View blog post
Woman on a laptop
September 19, 2023 Data Security Data Breach and Incident Response

Updating Corporate and Cybersecurity Practices To Satisfy the SEC’s Final Cybersecurity Disclosure Rules: Assessing Materiality of Cybersecurity Incidents

In the wake of the SEC's new rule requiring prompt disclosure of cybersecurity incidents, incident response (IR) teams have asked how they should modify IR plans to promote compliance with the new rule. View blog post
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