State Privacy Laws Are Shifting: What Businesses Need to Know

Omer Tene is a Partner in Goodwin's Technology group and Data, Privacy, and Cybersecurity practice. For the past two decades, he has consulted governments, regulatory agencies, and businesses on privacy, cybersecurity, and data management. Omer is also an Affiliate Scholar at the Stanford Center for Internet and Society and a Senior Fellow at the Future of Privacy Forum. Before Goodwin, he was the Chief Knowledge Officer at the IAPP.

In this episode…

The US privacy landscape is rapidly evolving, as more states enforce privacy regulations similar to California's comprehensive privacy law. In 2025, eight new privacy laws will come into force — even states without comprehensive privacy laws are imposing regulations to protect consumer data. Notably, New York, where the New York Attorney General recently established guidelines around cookies and tracking technologies emphasizing the need for companies to properly categorize cookies and configure consent mechanisms. The NY AG has also proposed regulations surrounding kids' privacy, like the Child Data Protection Act, that will impact how companies process children's data. As the US privacy landscape becomes an increasingly complex web of regulations, how can companies prepare for what lies ahead?

Beyond New York, privacy regulations around kids' data are gaining momentum across the US, with laws like the California's Age-Appropriate Design Code aiming to protect minors from harmful content. Regulations on kids' privacy include everything from age verifications that restrict the sale of minors' data to design codes that protect children from exposure to harmful internet content. These guidelines have garnered pushback in states like California, where businesses claim violation of the First Amendment, consequently delaying enforcement. Regardless, companies should prepare to respond to these regulations that govern the collection, processing, and sale of children's data.

In this episode of She Said Privacy/He Said Security, Jodi and Justin Daniels welcome Omer Tene, a Partner at Goodwin, to explore the complexities of evolving privacy regulations, specifically on children's data. Omer shares his insights on the nuances of various privacy regulations, ethical challenges surrounding children's data protection, and the potential future of privacy legislation. Omer maintains that although some regulations have not yet been enforced, companies should take a proactive approach adapting to these new regulations as the privacy landscape shifts.