August 12, 2022

Volume XII, Number 224

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Countdown to State Law Privacy Compliance: 7 Months to Go | How Will State Privacy Laws Be Enforced?

New omnibus privacy laws are coming to Virginia, Colorado, Utah, and Connecticut in 2023. Updates to California’s existing privacy law arrive in 2023 too. Don’t wait to implement your compliance updates as it could require changes to your operations. These state privacy laws can apply to businesses that do not have offices or employees in that state and can reach activities conducted outside of the particular state. See our prior alert to understand whether these state laws apply to your business.

Here are the enforcement mechanisms under each of the state privacy laws. 

How will state privacy laws be enforced in California, Virginia, Colorado, Utah and Connecticut?

*California has a private right of action if a company fails to maintain reasonable security measures to protect this data and it leads to a compromise of the data, which also opens the door to broader CPRA compliance scrutiny and liability.

**The information contained in this table is a condensed summary and is not exhaustive of all legal requirements, potential exceptions or variables under the referenced laws.  This overview does not substitute for considering the legal requirements in their entirety or in light of facts specific to a particular organization.

Copyright © 2022 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume XII, Number 151
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About this Author

Tara Cho CIPP/US CIPP/E Data Security Attorney Womble Bond
Partner

Tara focuses her practice on privacy and data security issues across multiple industries such as technology, retail, e-commerce, and life sciences, with an emphasis on compliance risks and regulatory requirements affecting the healthcare sector. Tara became certified as a legal specialist in Privacy and Information Security Law by the North Carolina State Bar Board of Legal Specialization in 2018 as part of the inaugural class of specialists in this field – one of just 10 attorneys in the state to hold this certification.

She helps clients with all aspects of privacy and data...

919-755-8172
Theodore Claypoole, Intellectual Property Attorney, Womble Carlyle, private sector lawyer, data breach legal counsel, software development law
Partner

As a Partner of the Firm’s Intellectual Property Practice Group, Ted leads the firm’s IP Transaction Team, as well as data breach incident response teams in the public and private sectors. Ted addressed information security risk management, and cross-border data transfer issue, including those involving the European Union and the Data Protection Safe Harbor. He also negotiates and prepares business process outsourcing, distribution, branding, software development, hosted application and electronic commerce agreements for all types of companies.

...

704-331-4910
Nadia Aram, Womble Carlyle, Intellectual Property Attorney, technology licensing lawyer, commercial agreements legal counsel, private securities law
Of Counsel

Nadia advises clients in a variety of business transactions involving the use and commercialization of intellectual property and technology. She has experience drafting and negotiating a broad variety of contracts, including technology licenses, services, consulting and other complex commercial agreements to help clients realize the value of their assets day-to-day, and as part of strategic product and technology acquisitions and divestitures. Nadia also practices in the areas of franchise law, and advertising, sweepstakes & promotions law, including advising clients...

919-755-2119
Taylor Ey, Intellectual property attorney, Womble Carlyle, Law Firm
Associate

Taylor is an associate in the Intellectual Property Practice Group in Womble Carlyle’s Research Triangle Park Office.

Education

J.D. | 2016 | Wake Forest University School of Law | cum laude | Notes and Comments Editor, Wake Forest Law Review, 2015-2016 | Teaching Assistant, Legal Analysis, Writing and Research I & II, Writing for Judicial Chambers

M.S. |2012 | The Ohio State University | Biomedical Engineering

B.S. | 2011 | The Ohio State University | Biomedical Engineering | Minor, Life Sciences | cum laude

919-484-2306
Christine Xiao Attorney Intellectual Property Womble Bond Dickinson Raleigh
Associate

Christine Xiao focuses her practice on intellectual property transactions, privacy and cybersecurity, and technology commercialization. She has experience performing claims analysis for pending patents on new technologies, reviewing foreign third-party vendors to ensure compliance with anti-corruption statutes, and collaborating to assess risks related to customer and employee data use.

Prior to join the firm, Christine worked as a research technician for Duke University Medical Center in the Department of Pharmacology and Cancer Biology.

919-755-2143
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