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The law goes into effect Dec. 31, 2023. Specifically, consumers may only file complaints with the Division of Consumer Protection (the "Division"). Sensitive data includes information about racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, health and medical treatment or conditions, biometric or genetic data used to identify individuals, and geolocation data. IT Risk & Security Assurance Automate the third-party lifecycle and easily track risk across vendors. It also applies if you produce or deliver commercial products or services targeted to Utah residents with annual revenue of at least $25 million, plus one of the following two items. If written into law, Utah will be the fourth state to pass comprehensive consumer data privacy legislation. But businesses that tailor their privacy compliance to each individual state will need to pay close attention to the specific provisions set forth in the UCPA. This new law does not allow individuals to directly sue companies for violations. Companies must publicly post a privacy notice that contains the following information: Additionally, if the company sells personal data or engages in targeted advertising, it must clearly inform the consumer that they have a right to opt out of either use of their information. CAUTION - Before you proceed, please note: By clicking accept you agree that our review of the information contained in your e-mail and any attachments will not create an attorney-client relationship, and will not prevent any lawyer in our firm from representing a party in any matter where that information is relevant, even if you submitted the information in good faith to retain us. Goodwins Data, Privacy + Cybersecurity Insights blog features thought leadership tackling business and public policy challenges that arise from ever-changing, intricate and complicated web of global privacy and cybersecurity laws, regulations, guidance, and self-regulatory frameworks. The Utah Division of Consumer Protection may investigate consumer complaints under the UCPA and refer complaints to the attorney general. Subject to the Governor's approval, Utah will become the fourth state to enact consumer privacy legislation, following in the footsteps of California, Colorado, and Virginia. And unlike the CCPA/CPRA and CPA, the UCPA does not include provisions on dark patterns.. Diligent awareness of updates to privacy laws will be critical for compliance in this ever-changing landscape . Like the VCDPA and CPA, the UCPA requires controllers to provide an opt out for targeted advertising and the sale of personal data. Boris Segalis It is unclear whether another new comprehensive state privacy lawan added layer to the current patchwork of privacy laws in the U.S.will create any momentum for Congress to pass a federal privacy law, but the activity certainly remains at the state level for now. The Act would exclude employee data and business-to-business contact information from its scope, following similar exclusions in other states. Utah is the fourth US state to enact a consumer privacy law in recent years, following in the footsteps of California, Virginia and Colorado. The passage of the UCPA may influence more states to pass similar data privacy laws. The Connecticut Act Concerning Personal Data Privacy and Online Monitoring (CTDPA) was signed into law on May 10, 2022 and is scheduled to take effect on July 1, 2023. Languages Back Deutsch English Espaol Franais Italiano Portugus Platform Solutions Resources Customers Company Why OneTrust The UCPA also includes broad entity-based exemptions for entities and businesses covered by the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act, as well as non-profit entities, higher education institutions, tribes, and government bodies. Prior results do not guarantee a similar outcome. As previously mentioned, the UCPA delineates the responsibilities of controllers and processors. That contract must require the third party to keep information confidential and set forth the processors obligations and responsibilities for safeguarding the information and the purpose of processing the information. Data concerning children does not appear in the definition of sensitive data under the UCPA, but is subject to similar opt out requirements. 7 Consumer Privacy Act, State of Utah. The UCPA will take effect on December 31, 2023. On March 12, Utah legislators voted unanimously to pass landmark legislation in support of a new privacy law that will protect private electronic data stored with third parties like Google or . However, all of the 2023 Laws refer to 'consumers' rather than the GDPR's 'data subjects'. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California, Colorado and Virginia. The UCPA will apply to Utah businesses that have an annual revenue of at least US$25 million and either (1) control or process personal data of 100,000 or more consumers per year or (2) derive over 50% of the business's gross revenue from the sale of personal data and control or process personal data of 25,000 or more consumers. Civ. This 18 minute on-demand webinar provides an overview of the Utah Consumer Privacy Act (UCPA). Controller A (EEA) Processor Z (EEA) Employee of Processor Z (Non PTO Extends Deadline for Comments on Initiatives to Ensure Patent With Election Day Around the Corner, Employers Need to Remember You Puerto Rico Publishes Model Protocol for Expanded Sexual Harassment Podcast: Post-Dobbs Navigating the Fast-Changing and Uncertain Health Care and Life Sciences Practice Group. These differences include: Businesses subject to the UCPA will generally find that their compliance efforts for other state privacy laws offer a significant foundation for UCPA implementation as they build for its December 31, 2023, effective date. Oklahoma Telephone Solicitation Act goes into effect Chinas National Intellectual Property Administration Releases New Ninth Circuit Holds Time Spent Logging On and Off Computers May Be Employment Tip of the Month November 2022, Sizeable Increases to 2023 Plan Limits Due to Inflation. The National Law Review is a free to use, no-log in database of legal and business articles. Controllers must post a privacy notice that contains similar disclosures about their personal data practices to those under other state laws, such as the categories of personal data processed, purposes of processing, categories of disclosures to third parties, and how consumers may exercise their rights. Her practice area also focuses on technology, data privacy and cybersecurity, as well as transactional and regulatory matters for clients across industries. 1996-2022 Davis Wright Tremaine LLP. However, controllers may offer bona fide loyalty, rewards, and discount programs and offer a different price or quality of product or service if a consumer opts out of targeted advertising. Our clients and prospective clients in the United States may soon call our toll free Incident Response Hotline 24/7 with a breach report. Cathys experience encompasses, working with digital advertising companies to confirm compliance policies with the digital advertising ecosystem, as well as drafting training materials on the comprehensive data privacy laws globally including in Australia, Georgia, Hong Kong, Moldova, Montenegro, South Korea, Turkey and New Zealand. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. Spencer Cox signed the Utah Consumer Privacy Act (UCPA). Contact Information Phone: (801) 530-6601 To ensure being ready when the UCPA and other state laws go into effect, organizations should develop/review data inventories across all applicable products and consumer/corporate functions to understand the flow of consumer personal information across business units, service providers, and third parties, as well as the purpose behind it. However, in contrast to the CCPA/CPRA, VCDPA, and CPA, the UCPA does not require controllers to conduct any formal data processing risk assessments prior to processing certain personal and sensitive data. Passing a comprehensive state privacy law has proven to be no small task. The Acts applicability would make it narrower than any currently enacted state privacy law to date. OBLIGATIONS OF CONTROLLERS AND PROCESSORS, FAMILIAR TRANSPARENCY AND SECURITY REQUIREMENTS, The UCPA requires controllers to provide consumers with a privacy policy that includes similar disclosures as required under the other state frameworks. In The Zone? A "consumer" under the UCPA is "an individual who is a resident of Utah acting in an individual or household context." Like the VCDPA, Utah's law states a consumer does not include a "natural person acting in a commercial or employment context." Consumer Rights. Spencer Cox signed the Utah Consumer Privacy Act (" UCPA "). Crypto Showdown: SECs Lawsuit Against Ripple Labs Reaches Critical BIS Implements New Chinese Supercomputer and Semiconductor International Trade Practice at Squire Patton Boggs. California - CCPA & CPRA: Colorado - CPA: Utah - UCPA: Virginia - CDPA: Effective Date: July 1, 2020 (CCPA) & January 1, 2021 (CPRA) July 1, 2023 Notably, the Utah Law differs from existing omnibus state privacy laws by requiring businesses to have $25 million or more in annual revenue to fall under the law, in addition to satisfying at least one other threshold. The UCPA provides exemptions not found in the Virginia or Colorado laws, however. The Colorado River in Utah: Past, present, and future, Visit Salt Lake welcomes NBA All-Star 2023 on February 17-19, Utah Cookie Wars highlight a need to protect trade secrets, bioMrieux innovation drives game-changing diagnostics. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other . Where the Semiconductor Chips Will Fall: What Manufacturers Need to Know About Are You Ready? However, instead of following the Virginia/Colorado model and requiring opt-in consent for the collection and processing of sensitive information, the Act would require businesses to provide notice and an opportunity to opt out of the use of sensitive data. The right to obtain copies of any personal data they previously . By contrast, the CPRA uses terms such as business, service provider, and personal information. Certain entities are exempt from the bill's requirements, including governmental entities and third parties under contract with a governmental entity that acts on behalf of that entity; tribes; institutions of higher education; nonprofits; certain types of health information subject to federal health privacy laws; consumer reporting agencies . The UCPA gives consumers the following rights under Utah privacy law: The right to know whether a controller is storing and processing their consumer data. Senate Bill 227, the Utah Consumer Privacy Act, cleared the Senate Feb. 25 on a 28-0 vote and the House followed suit with 71-0 approval March 2. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. Additionally, organizations should conduct a current state assessment against the new state obligations to identify any compliance gaps and develop a roadmap of future activities to address compliance gaps and operationalize new requirements. Leaders from both legislative chambers will need to provide their signatures before the 2022 session adjournment on March 4, 2022; following those signatures, Utah Governor Spencer J. Cox has 20 days to sign or veto the bill before it becomes law. Produces a product or service that is targeted to consumers who are Utah residents. The attorney general may request consultation from the Division. The UCPA's obligation to maintain appropriate data security practices to protect the personal data and reduce risks of harm to the consumer offers an interesting, and important, complement to . The UCPA largely mirrors the 2021 Virginia Consumer Data Protection Act and incorporates the familiar distinctions of "controllers" and "processors" originally found in Europe's General Data Protection Regulation ("GDPR"). Destroyed: FTC Levels Incredible $100 Mm Penalty Against Vonage for Bidens Executive Order Implementing New EU-U.S. Data Privacy Connecticut Joins the Interstate Medical Licensure Compact and the More Autonomous Big Rigs Needed on the Road: Why Start There? Client strengthens the delivery and development of critical maritime platform. CPA. Serial Relator Brings Multiple Lawsuits Alleging False Claims Act FTC Takes Action Against Chegg for Alleged Security Failures that Hunton Andrews Kurths Privacy and Cybersecurity, Takeaways from GAOs FY 2022 Bid Protest Report, Long Time Coming: SEC Adopts Final Dodd-Frank Clawback Rules. While controllers must handle requests free, they may charge a fee for second or subsequent requests in a 12-month period, or if certain other circumstances apply (e.g., the request poses an undue burden on the business's resources). Verlngerung der Arbeitsnehmerberlassungshchstdauer durch New York City COVID-19 Vaccine Mandates Dealt a Fatal Blow, AUSTRALIAN REGULATORY UPDATE 2 NOVEMBER 2022. EPA Announces 2022 Safer Choice Partner of the Year Award Winners. Like other laws, the Utah Consumer Privacy Act allows consumers to opt-out of the use of their information for certain purposes, including targeted advertising and the sale of personal information. Yet after just five working days, the Utah Legislature has settled on a law. In addition, controllers must implement appropriate security mechanisms, and may not discriminate against consumers who exercise their rights under the law. The Alice Test for Patent Ineligibility in Practice, Part Two: The Australian Government Commits to Protecting First Nations Visual Art. Goodwins Data, Privacy + Cybersecurity practice follows the beat of Silicon Valley, New Yorks Silicon Alley, Bostons Innovation District, London and the EU. The UCPA closely resembles the Virginia Consumer Data Privacy Act, but with some interesting changes. On March 24, Gov. Effective Date December 31, 2023. Until a national law is passed, businesses that process personal data of consumers across state lines will have to continue to closely monitor new state law developments and be prepared to build out their privacy practices in compliance with multiple applicable state laws. The attorney general may recover actual damages or an amount up to $7,500 for each violation if the entity fails to cure the violation. The Act creates a category of sensitive information, which includes information about racial or ethnic origin, religious beliefs, sexual orientation, citizenship or immigration status, health, biometric or genetic data, and geolocation data. If the director of the Division of Consumer Protection has reasonable cause to believe that substantial evidence exists that the business is in . 3 Consumer Privacy Act, State of Utah. The company generally must respond to a consumers request for information within 45 days and let the consumer know what actions have been taken to respond to their request. Cost of Living Crisis Causes Rise in Financial Crime. : MyPillow and Mike Lindell Facing MASSIVE EXPOSURE Alabama Medical Cannabis Application Window Is Open: [Insert Michael Ankura CTIX FLASH Update - November 1, 2022, Ankura Cyber Threat Investigations and Expert Services, Brazil Limits New Privacy Laws Obligations on Small Entities. 10 Consumer Privacy Act, State of Utah. Under the new law, consumers have the following rights: To exercise these rights, the consumer must submit a request to the company. TURNABOUT: TCPA Defendant Recovers Damages (Fees) Against Plaintiff What Gives You the Right to Be in This IPR? 13 Consumer Privacy Act, State of Utah. The Utah Consumer Privacy Act ( SB 227) unanimously passed the Utah Senate on February 25. Attorney Advertising. The Act grants the Utah Department of Commerce Division of Consumer Protection the power to investigate consumer complaints regarding the processing of their personal information by a business. As companies wait to see whether the Utah Consumer Privacy Act (UCPA) becomes the fourth comprehensive state privacy law, we are providing an overview of some of the Act's key provisions - and how they depart from comprehensive privacy laws in California, Colorado, and Virginia. 14 Sensitive data is defined as personal data related to racial origin, religious belief, sexual orientation, citizenship or immigration status, mental or physical health condition, etc. On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. Bankruptcy; Business Law; Cannabis; Civil Rights; Consumer Protection Omer Tene. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. Utah recently passed the Utah Consumer Privacy Act, which will go into effect December 31, 2023. Legislative Research and General Counsel / Enrolling. educating consumers and businesses about the statutes regulated by the division, and licensing or registering regulated entities. The scope of the UCPA is narrower than that of the VCDPA, California Consumer Privacy Act (and as amended, the California Privacy Rights Act) (collectively, the CCPA/CPRA), and Colorado Privacy Act (CPA). The UCPA requires a controller to execute an agreement with a processor, defined as a person who processes personal data on behalf of a controller. The UCPA applies to any controller or processor who (1) conducts business in Utah or produces a product or service that is targeted to Utah residents; (2) has annual revenue of $25 million or more; and (3) either (a) controls or processes personal data of 100,000 or more consumers in a calendar year, or (b) derives more than 50% of its gross . But security does feature within the UCPA. [1] Consumer Rights 6 Consumer Privacy Act, State of Utah. And as with other state laws, the Act contains broad exceptions for certain entities and data categories, including higher education institutions, nonprofits, and information and entities regulated by both the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLBA). Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California, Colorado and Virginia. Build privacy-first personalization across web, mobile, and TV platforms. CPW has been tracking the UCPA's progress throughout this legislative session. The definition of consumers does not include those who are acting in an employment or commercial context. The UCPA also requires a processor to ensure that each person processing personal data on its behalf is subject to a duty of confidentiality, and to only engage a subcontractor pursuant to a written contract that requires the subcontractor to meet the same obligations as the processor. As always, it is important to actively monitor changes in the law because Utah's law. 12 Consumer Privacy Act, State of Utah. 5 Consumer Privacy Act, State of Utah. Although the bill generally tracks the comprehensive privacy law passed in Virginia last year, the VCDPA, there are some notable differences. The right to access their personal data on demand. The ease with which goods and services flow across state boundaries, thereby triggering obligations to comply with state privacy laws, requires businesses to be aware of and comply Lisa Sotto, head of the global privacy and cybersecurity practice at law firm Hunton Andrews Kurth, explained that the Utah law differs from the Virginia law because it lacks a correction right . The attorney general may not take action if the violation is cured within 30 days. The right to rectify or erase their personal data. 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