Inside Privacy

Updates on developments in data privacy and cybersecurity

Earlier in April, the U.S. National Institute of Standards and Technology (“NIST”) published Special Publication (“SP”) 800-61, Incident Response Recommendations and Considerations for Cybersecurity Risk Management, Revision 3 (“NIST SP 800-61”).  NIST SP 800-61 Revision 3 (“Revision 3”) is a significant change, as it not only represents the first update of the document since

On April 29, 2025, the Italian data protection authority (“Garante”) launched a public consultation to collect feedback from stakeholders about the so-called “Pay or Ok” model. 

“Pay or Ok” refers to the concept of making access to a website’s content or service conditional on the website visitor performing one of two actions: (1) subscribing against

On April 15, 2025, the Montana legislature unanimously passed Montana SB 297, a bill that would amend the Montana Consumer Data Privacy Act (“MTCDPA”) with provisions expanding online data protections for minors, narrowing the exemptions under the Gramm-Leach-Bliley Act, and removing a controller’s right to cure, among others.  We outline some key provisions below.

The European Commission (“Commission”) is working on a new EU consumer protection law called the Digital Fairness Act (“DFA”) to better protect consumers in the digital space.  The DFA is expected to regulate, among other things, influencer marketing. 

With EU consumer protection watchdogs starting to bring cases against companies whose products or services are promoted

Early this month, a Northern District of California judge dismissed, with prejudice, a putative class action complaint asserting five privacy-related causes of action, concluding the “issue of consent defeat[ed] all of Plaintiffs’ claims.”  Lakes v. Ubisoft, Inc., –F. Supp. 3d–, 2025 WL 1036639 (N.D. Cal. Apr. 2, 2025).  Specifically, the Court dismissed plaintiffs’ claims under