On April 17, 2026, the Governor of Alabama signed HB 351, Alabama Personal Data Protection Act (ALDPA), into law. The law resembles Connecticut’s data privacy statute, but omits certain requirements, such as a data protection impact assessment. Alabama follows Oklahoma as the second state to enact a comprehensive privacy law this year. The law
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Seventh Circuit Holds that BIPA Amendment Applies Retroactively
On April 1, 2026, the Seventh Circuit in Clay v. Union Pacific Railroad Company held that an amendment to the Illinois Biometric Information Privacy Act (BIPA), limiting damages to a per-person basis, applies retroactively to cases pending when the amendment was enacted in 2024. This decision limits the potential statutory damages plaintiffs may obtain for…
Utah and South Dakota Enact Genetic Privacy Laws as Other States Advance Bills
At the state level, genetic privacy remains a fast-moving topic, and states continue to introduce and advance bills regulating genetic data.…
Ofcom and ICO Issue Joint Statement on Age Assurance
On March 25, 2026, the UK’s Office of Communications (“Ofcom”) and the Information Commissioner’s Office (“ICO”) published a joint statement setting out their common expectations for age assurance on online services (“Joint Statement”). The Joint Statement is aimed at services likely to be accessed by children that fall within the scope of the Online Safety…
State Lawmakers Introduce New Wave of Personalized Algorithmic Pricing Bills
U.S. state lawmakers have introduced more than 40 bills across at least 24 states to regulate personalized algorithmic pricing in 2026 thus far, already outpacing the number of personalized algorithmic pricing bills introduced in all of 2025. While their definitions and scope vary, the 2026 bills broadly refer to “personalized algorithmic” or “dynamic” pricing as…
District Courts Appear Skeptical of CAN‑SPAM Preemption and Constitutional Challenges to CEMA
By Jehan Patterson & Irene Kim
The Washington Supreme Court’s decision in Brown v. Old Navy LLC, 4 Wash.3d 580 (2025) has sparked a wave of putative class actions under Washington’s Commercial Electronic Mail Act (“CEMA”), targeting allegedly misleading email subject lines used by national retailers. In the months since, defendants have increasingly turned to constitutional and federal preemption defenses in…
EU Court Defines Limits to the GDPR Right of Access
On March 19, 2026, the CJEU issued its judgment in the Brillen Rottler case (C‑526/24). The case concerns the GDPR right of access and the conditions for claiming damages. In the underlying facts, an Austrian individual subscribed to Brillen Rottler’s newsletter and, two weeks later, exercised his right of access. The shopkeeper rejected the request…
MEPs Adopt Joint Position on Proposed Digital Omnibus on AI
On 18 March 2026, the European Parliament’s Committee on the Internal Market and Consumer Protection (“IMCO”) and the Committee on Civil Liberties, Justice and Home Affairs (“LIBE”) adopted their joint negotiating position on the European Commission’s proposed Digital Omnibus on AI (which we previously analysed here). The position will now proceed to a plenary…
Italian DPA Fines Bank over the Transfer of Customer Data in the Context of a Corporate Transaction
On March 12, 2026, the Italian Data Protection (“Garante”) adopted a decision concerning the transfer of personal data of banking customers from Intesa Sanpaolo S.p.A. (the “Bank”) to Isybank S.p.A., a newly established digital bank within the same corporate group. The Garante found that the Bank’s processing in connection with the transfer of approximately 2.4…
FTC Seeks Public Comment on Proposed Rulemaking for Unfair or Deceptive Rental Housing Fee Practices
On March 12, 2026, the Federal Trade Commission (“FTC”) announced an Advanced Notice of Proposed Rulemaking (“ANPRM”) seeking public comment on a proposed rulemaking focusing on potential unfair or deceptive acts or practices in the rental housing market. This ANPRM contemplates requiring landlords and property managers to provide full, upfront disclosure of all mandatory charges…