Depending on the outcome of its investigation, the Division may refer certain cases to the Utah Attorney General ("AG"), who has exclusive authority to . Utah passes an omnibus consumer privacy law. The UCPA applies only to controllers or processors that (1) do business in the state (or target Utah residents with products or services); (2) earn at least $25 million in revenue; and (3) either . The New York City Pay Transparency Law Takes Effect [PODCAST]. Utah's Consumer Privacy Bill commencement date Under the UCPA, processing childrens data is the only activity that requires affirmative consent. In the United States, privacy impact assessments are quickly becoming one of the trending requirements of new legislation and proposed bills. 530-6601 or email us at consumerprotection@utah.gov. Second, the UCPA requires that if you collect sensitive data, you must give the consumer clear notice of that as well as the ability to opt out of having that information processed. Utah Becomes Fourth U.S. State to Enact Consumer Privacy Law Thursday, March 24, 2022 On March 24, 2022, Utah became the fourth state in the U.S., following California, Virginia and. We hope it empowers you and you find it helpful. The UCPA will take effect on December 31, 2023. Controllers are prohibited from discriminat(ing) against a consumer for exercising a right by: Controllers may, however, offer a different price, rate, level, quality, or selection of a good or service to a consumer if the consumer opted out of targeted advertising or if the offer relates to the consumers voluntary participation in a bona fide loyalty program. Steer a course through the interconnected web of federal and state laws governing U.S. data privacy. Email: . So what does the UCPA mean for your business? Your business is a controller or processor if it meets these criteria: Yes. Learn the intricacies of Canadas distinctive federal/provincial/territorial data privacy governance systems. Government entities and contractors are also exempt from the law, as are tribes and air carriers. Two-agency Enforcement . On March 24, Gov. Consumers are provided four main rights under the UCPA. Your privacy notice must include the following information: You must also notify consumers of their right to opt out of having their data processed in certain circumstances. Utah modeled its law after the Virginia Consumer Data Protection Act (set to take effect on January 1, 2023); however, notable differences exist. There is no specific cookie law enacted anywhere in the United States. The new Utah data privacy law focuses on protecting personal data and the consumers ability to control who uses that data and how. Cost of Living Crisis Causes Rise in Financial Crime. In passing the law, Colorado became the third U.S. state, following California in 2018 and Virginia earlier this year, to enact comprehensive privacy legislation. After an extension into the 2021 special session, Gov. Certifications: 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. Some have been passed and some are still in the process of being enacted. A controller may, however, charge a reasonable fee if: Although the VCDPA and CPA require controllers provide an appeal process for consumers whose requests have been denied, this obligation is not included in the UCPA. The CPRA builds on existing California law passed in 2018 (the California Consumer Privacy Act or CCPA). FTC Action Against Drizly and CEO Provides Insight Into Its Security Privacy Tip #348 Considerations for Electronic Monitoring of SEC Awards $2.5 Million to Whistleblowers Who Reported Fraudulent Parting Advice: Judge Drain Rules That Dividends Paid From the Texas Sues Google for Gathering Biometric Data, FTC Proposes Trade Regulation Rule on Deceptive Reviews. Applicability of the law. The United States has various consumer privacy acts, which are effectively American data protection laws. Overall, Utahs version will likely be slightly easier for businesses to comply with than the others. Right to nondiscrimination, Section 1798.130. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. Namely, it draws heavily from the Virginia Consumer Data Protection Act and several of its VCDPA-like components are also contained in the Colorado Privacy Act. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. California, Colorado, Connecticut, Utah, and Virginia are the states which have enacted comprehensive consumer data privacy laws. Some of the significant changes include: Applicability. State Voting Leave Requirements: A Refresher in Preparation for the How Colleges, Universities Can Prep for U.S. Supreme Courts DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework CFTC Whistleblower Report Reveals Tremendous Success for Taxpayers. Bill Received from Senate for Enrolling. On March 22, Governor Spencer Cox signed the UCPA, officially making it the law of the land. The categories of third parties, if any, with whom the controller shares personal data. Instead, the UCPA requires controllers to present[] the consumer with clear notice and an opportunity to opt out of sensitive data processing. The UCPA is largely based on the Virginia Consumer Data Protection Act (" VCDPA "). CCPA / CPRA, Data Privacy, Enforcement, Privacy Compliance, UCPA On March 24, 2022, Utah became the fourth U.S. state to adopt consumer data privacy legislation after Utah Gov. While the enumerated terms that must be included in a data processing contract are similar to those found in the VCDPA and CPA, the UCPA imposes fewer requirements. Good luck with your business! You can also link to (or share) a specific section. Overview. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. The UCPA protects "consumers," which is defined as Utah residents acting in an individual or household context. However, the UCPA doesnt require that you always use the most expensive and most protective security measures. Depending on how the law performs, there might be future amendments, mainly because the Utah attorney general and the Division of Consumer Protection must submit a report evaluating its effectiveness by July 1, 2025. Certification des comptences du DPO fonde sur la lgislation et rglementation franaise et europenne, agre par la CNIL. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. . CMA BLOCKS META/GIPHY IT MIGHT BE THE META UNIVERSE BUT WE'RE Five Data Quality Nightmares That Haunt Marketers and How Avoid Them. General Provisions 89 13-61-101. On March 24, Gov. If you would like to receive communications from Buchalter, please highlight the text boxes below indicating which type of communications you would like to receive, and provide your name and email address. Entities preparing for Colorado's law will be able to leverage some of their compliance efforts, especially when it comes to consumer rights. MASSIVE TCPA WIN: Presidential Candidate Sued in TCPA Suit WINS Huge TSAs New Cyber Directive for Freight & Passenger Railroad Weekly IRS Roundup October 24 October 28, 2022, God Save the Queens Royal Warrant Holders, EPA Proposes SNUR for Four Multi-Walled Carbon Nanotubes. On February 18, 2021 in the Senate: Senate/ to standing committee. Foreclosure Warning: Property Possessed but Not Owned by a Debtor May Disclosure: Green Hushing Climate Targets. Utah became the fourth US state after California, Virginia, and Colorado to enact a comprehensive privacy law. In July of this year, the FCC's Consumer and Government Affairs Bureau issued a "Consumer Alert," warning of the rising threat of bogus texting. Utah has joined the ranks of Colorado, California and Virginia after Governor Spencer Cox signed the Utah Consumer Privacy Act ("UCPA") on March 24, 2022. These are meant to ensure that smaller businesses that dont have the same impact on Utah consumers personal data arent required to jump through the same hoops as companies that do process data. Utah Consumer Privacy Act In March 2022, Utah's Consumer Privacy Bill passed the State House. Begin writing your privacy notices and your opt-in/opt-out buttons. Locate and network with fellow privacy professionals using this peer-to-peer directory. the Division cannot act as your private attorney. Theyll have access to more details than ever about their personal data, including: This access alone will be significant, as most people have never had such access before. The categories of personal data the controller shares with third parties, if any. Unlike other state privacy legislation, the Utah law doesn't require businesses to conduct data protection assessments for the processing of sensitive information. CIPM Certification. The legislation is set to take effect well after other state data privacy laws, on December 31, 2023. More high-profile speakers, hot topics and networking opportunities to connect professionals from all over the globe. If the consumer is known to be a child under the age of 13, you must get permission from their parent or legal guardian before processing the childs information. Controllers and processors then have 30 days to cure the violation and provide the attorney general with an express written statement that the violation has been cured and no further violation of the cured violation will occur. The attorney general may initiate an enforcement action and impose penalties actual damages and fines up to $7,500 per violation if a controller or processor fails to cure the violation or continues to violate the law after providing a written statement otherwise. CIPP Certification. The UCPA strikes a middle ground between protecting consumers and overloading businesses with compliance. Controllers and processors that fall under an entity-level exemption need not comply with the UCPA, even if the personal data would otherwise fall within the scope of the law. Originally published in the Privacy Law Section of the California Lawyers Association. 2022 International Association of Privacy Professionals.All rights reserved. AG may recover actual damages to the consumer and up to $7,500 for each . Not everyone is a consumer in all circumstances under the Utah data privacy law. This mirrors the VCDPA and CPA and in contrast to the CCPA which offers a private right of action for data breaches involving specific types of personal information. The UCPA passed the Utah legislature on March 3, 2022. Use of this site is subject to our Terms of Use. The Utah Consumer Privacy Act may be enforced only by the state attorney general. 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