Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions. Click here to download the entire Tool Kit, and tune in to the Ad Law Tool Kit Show podcast, to hear the authors of this chapter dive deeper into the issue of State Privacy Laws in this week’s episode.

State privacy laws continue to evolve rapidly, challenging businesses to keep pace. In 2023, new omnibus privacy laws went into effect in California, Colorado, Connecticut, Utah, and Virginia, while eight additional states enacted similar laws. Of the eight states with newly enacted laws, four have laws that will come into effect in 2024—Florida, Montana, Oregon, and Texas. Therefore, businesses should be prepared to comply with up to nine comprehensive state privacy laws in 2024, with more laws slated to come into force in 2025 and 2026.

To date, all such laws draw inspiration from both the first comprehensive state privacy law—the California Consumer Privacy Act (CCPA)—and the European Union General Data Protection Regulation (GDPR). For example, all of the state laws give individuals certain rights with respect to “personal information” or “personal data” that “businesses” or “controllers” maintain about them. Similarly, all of the laws impose certain obligations related to “service providers” or “processors.”

However, the new laws differ from the CCPA, GDPR, and each other in a range of ways. For instance, while all of the state omnibus laws have requirements related to “sensitive” personal data, the specific requirements and the types of data considered to be “sensitive” vary. Additionally, while the CCPA and GDPR can apply to personal data collected in an employment context, other laws exclude such data.

The first step is to assess what laws, if any, apply to your business. Smaller businesses are generally exempt. The thresholds for being subject to the state laws vary, and businesses may be subject to some laws but not others, depending on practices. Businesses subject to one or more laws should then take steps to drive compliance. Experienced privacy counsel can help businesses to develop a practical compliance program that harmonizes with the different laws.

To learn about state privacy laws, contact Kelly DeMarchis Bastide, Tara Sugiyama Potashnik or Julia Tama. For more insights into advertising law, bookmark our All About Advertising Law blog and subscribe to our monthly newsletter. 

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Kelly Bastide

Kelly DeMarchis Bastide advises clients on issues related to consumer data privacy and security, and online gaming. As a co-chair of the Privacy and Data Security Group, Kelly provides actionable, business-friendly legal guidance to multinational companies and organizations that process personal data. A…

Kelly DeMarchis Bastide advises clients on issues related to consumer data privacy and security, and online gaming. As a co-chair of the Privacy and Data Security Group, Kelly provides actionable, business-friendly legal guidance to multinational companies and organizations that process personal data. A key focus of her practice is assessing clients’ privacy programs against laws in multiple jurisdictions. She works with clients to understand their goals, then develops tailored compliance programs to minimize risk, prepare clients for incidents, and increase business opportunities. Kelly has examined the privacy implications of emerging technologies, such as artificial intelligence (AI) and blockchain, for clients.

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Tara Sugiyama Potashnik

Venable Chief of Staff Tara Sugiyama Potashnik draws from years of experience as a data privacy attorney to advocate for clients before the U.S. Congress, federal and state agencies, and state attorneys general. Tara works with professionals at the firm’s highest levels, allowing…

Venable Chief of Staff Tara Sugiyama Potashnik draws from years of experience as a data privacy attorney to advocate for clients before the U.S. Congress, federal and state agencies, and state attorneys general. Tara works with professionals at the firm’s highest levels, allowing her to seamlessly connect clients with the right talent to address their needs. As a leader in the firm’s Technology and Innovation Group, she orchestrates teams that advocate on privacy, cybersecurity, and autonomous and connected mobility matters. Tara also manages crisis response situations and convenes multi-stakeholder initiatives to develop self-regulatory codes and programs.

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Julia Kernochan Tama

As a co-chair of Venable’s Privacy and Data Security Group, Julia Tama is a trusted advisor and advocate for large and small companies in a dynamic legal area. Julia helps clients resolve privacy and security compliance challenges and zealously defends companies against government…

As a co-chair of Venable’s Privacy and Data Security Group, Julia Tama is a trusted advisor and advocate for large and small companies in a dynamic legal area. Julia helps clients resolve privacy and security compliance challenges and zealously defends companies against government inquiries and enforcement actions. Her team is at the forefront of legal issues involving innovative technologies, including artificial intelligence (AI), machine learning, and connected vehicles. She takes a tailored, practical approach rooted in a fluent understanding of relevant technologies and each client’s unique business model and goals.

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