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A 2022 privacy regulation primer with Mayer Brown’s Dominique Shelton Leipzig


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Don’t sleep on privateness regulation. To date 2022 could also be missing 2018’s one-two punch of the Basic Information Safety taking impact in Europe and the California Shopper Safety Act being handed within the U.S., however a spate of current regulatory jabs could possibly be organising for a proper hook.

Take into account the privateness regulation strikes of the previous couple months. The lately launched American Information Privateness and Safety Act is the newest congressional invoice proposing a federal privateness regulation within the U.S. The California Privateness Safety Company launched a draft of proposed rules for imposing California’s privateness regulation. Europe has handed the Digital Markets Act and Digital Providers Act, every of which covers focused promoting and knowledge administration. And GDPR enforcement is choosing up.

“The canary within the coal mine of what’s triggering all this consideration is the digital promoting ecosystem,” stated Dominique Shelton Leipzig, a associate on the regulation agency Mayer Brown the place she serves because the lead for world knowledge innovation in addition to advert tech privateness and knowledge administration.

Within the newest episode of the Digiday Podcast, Shelton Leipzig surveyed the present privateness regulation panorama and interpreted what it portends for the digital advert business. Her verdict? 

“With all of the regulation, there’s a minefield for corporations approaching the area,” Shelton Leipzig stated. 

Listed here are a number of highlights from the dialog, which have been edited for size and readability.

The U.S. as privateness regulation outlier

We want a federal privateness regulation, personally, and we’ve wanted one for an excellent very long time. I imply, of the highest 10 GDPs within the globe, we’re the one nation with out an general knowledge safety regulation.

Potential for a U.S. privateness regulation in 2022

There may be common pessimism that [Congress passing a federal privacy law] goes to occur in time to happen this 12 months in 2022, earlier than midterm elections. The consensus seems to be there’s momentum, however to truly get the invoice and the edits out, it is a actually severe effort that most probably must be picked up once more in 2023.

World privateness strain

There are 150 nations now with knowledge safety legal guidelines around the globe. So for those who’re sitting within the U.S. working for a world firm, you’ve obtained counterparts throughout the globe which have to begin fascinated with knowledge privateness. I imply, I simply noticed final week Swaziland simply got here [out] with their knowledge safety regulation.

The privateness ripple impact of Roe v. Wade being overturned

Even because it’s overturned, at core the authorized evaluation [behind Roe] is predicated on privateness precedent and the suitable to privateness. So the overturning of that call calls into query privateness rights on a bunch of various fronts. There are some sudden penalties or sudden fallout that individuals might not have imagined. The advert tech group goes to be very a lot entrance and middle within the kinds of requests for details about profiles on prospects, loyalty packages, and so on. as a result of these go into buy habits.

A 2022 privacy regulation primer with Mayer Brown’s Dominique Shelton Leipzig



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