Privacy and consumer protection law has changed dramatically since the GDPR and the CCPA were enacted in 2018. Five new comprehensive laws have taken or will take effect in 2023, and many more are pending in state legislatures this year. Now comes enforcement, one of the key drivers of risk analysis. Some of the key areas of enforcement, by regulators and in private, class action cases are already apparent: 

• Children’s privacy and design for children
• Targeted advertising and profiling (so-called “commercial surveillance”)
• Dark patterns in user interfaces and consumer choice mechanisms;
• Collection and use of biometric identifiers by employers and consumer-facing companies;
• Display of videos and the use of social media pixels;
• Use of online session replay scripts and online chat features; and
• Collection and use of location data.

We are also starting to see new and very aggressive remedies applied by the regulators, including detailed requirements and prohibitions on corporate officers, which follow them in any job they take for 20 years, disgorgement of data and algorithms that create data, and restrictions on the collection of data going forward.
 
This presentation will explore these issues and more as we unpack what’s new, what’s coming, and what it means for you and your business in 2023 and beyond.