Encompass’ Mallory Acheson, co-authoring with Franklin Chou, recently had an article published by Law360 where they discuss the ever changing relationship that technology has with businesses. More specifically, they discuss the consent that must be legally obtained by a business in order to collect user data, and how this consent will be evolving with the laws set to be implemented in 2023. 

Acheson and Chou examine the increasing scrutiny and evolving requirements for businesses to obtain clear consent for data collection considering several privacy-related laws that have been or will be introduced in 2023 such as The Virginia Consumer Data Protection Act (VCDPA), The California Privacy Rights Act (CPRA), The Colorado Privacy Act (ColoPA), The Connecticut Data Privacy Act (CTDPA), Under the Utah Consumer Privacy Act (UCPA), The California Online Privacy Protection Act (CalOPPA), and The EU’s General Data Protection Regulation (GDPR).

In their article, Acheson and Chou suggest that businesses should be familiar with these laws and others that are pertinent when developing applicable and enforceable privacy policies. The article goes on to detail best practices and tips for business that are required to obtain explicit consent such as checkbox consent, maintaining clear consent records, and considerations for renewed or additional consent tactics over time.

Law360 subscribers can read more here.