Proposed Federal Privacy Law Hearing Reveals Progress and Sticking Points – Lexology
On June 14th, the U.S. House Energy and Commerce Committee held a hearing on the newly proposed federal privacy law, called the American Data Privacy and Protection Act (ADPPA). ADDPA is presently not an official bill, just a discussion draft. Still, the Committee Members (on both sides of the aisle) all voiced support for ADDPA and for national standards for data privacy. ADDPA also has bipartisan support in the Senate, making it perhaps the federal privacy bill with the strongest chance of becoming law.
What is Congress focus in the federal privacy law?
Committee Members at the ADDPA hearing agreed on the desperate need for a national set of rules of the road for data privacy. They also agreed that those rules should be consumer-focused, without overburdening small and medium-sized businesses. Three points of emphasis stood out at the hearing:
Plain English privacy. Members on both sides of the aisle lamented how complicated and incomprehensible many company privacy policies can be. Their chief concern centers around the average consumers inability to understand exactly what s/he is agreeing to in sharing her/his personal data. Some privacy policies are long documents, written in legalese and often difficult for everyday people (and even lawyers) to fully understand. In the Committees opinion, a consumer cannot give informed consent for data sharing without simple, straightforward privacy policies and notices that detail sharing parameters.
How much preemption. If and when Congress passes a nationwide law, it may include a provision that preempts, or overrides, any state law on the same subject. Many states have passed their own privacy laws in the absence of federal regulation, including California, Colorado, Connecticut, Virginia, and Utah. The ADDPA discussion draft includes a compromise on preemption: the ADDPA would preempt many state laws, but a long list of exceptions is included. Some interested parties want full preemption to make compliance much simpler; others want to maintain some state privacy laws that offer consumers stronger protections than the ADDPA might.
When can consumers sue. Another sticking point that the hearing addressed is the scope of the ADDPAs private right of action. In the draft, the ADDPA allows for a limited private right of action through the following process:
Please note that this process is a departure from similar private rights of action included in other consumer protection statutes, such as the Telephone Consumer Protection Act (TCPA). With respect to the TCPA, a plaintiff can sue directly and can recover statutory damages of $500-1,500 per violation. Limiting the private right of action the way ADDPA does is a compromise between no private right and the sometimes abused private rights of action contemplated by other consumer-protection statutes, such as the TCPA. Overall, Members appear to be struggling to balance consumer rights with the burdens (on mostly small and medium-sized businesses) that these types of lawsuits can impose.
Why does the ADDPA matter to your business?
The ADDPA represents a strong first step toward adopting a federal privacy law. The benefits of such a measure are clear: a single set of rules that all businesses can follow, offering a level of predictability and compliance efficiency sorely lacking with the present statutory regime. Some businesses could spend tens of thousands of dollars per year to comply with the five state privacy laws that will be in effect next year. While these five laws have overlap, the burdens each place on businesses (especially businesses relying on personal data collection) can be enormous.
While the ADDPA is not a cure-all (it is not a bill yet, much less a law), this federal-level effort does show significant progress. No law is perfect, but this bipartisan and bicameral proposal would positively impact the U.S. privacy landscape.
Hire experienced privacy attorneys.
Even if Congress passes the ADDPA, it will be some time before a federal privacy law would go into effect. Regardless of the proposals fate, businesses still need to navigate the present state privacy law waters. Checking all the privacy compliance boxes across five states will take significant time and require real expertise. Hiring experienced data privacy attorneys can take that burden off your to-do list.
KleinMoynihan Turcomaintains an extensive practice in the fields of Internet and mobile marketing law, consumer data privacy law, sweepstakes and promotions law,fantasy sports and gaming law,intellectual property and general corporate law. If we can be of assistance, please visithttps://kleinmoynihan.comor call us at(212) 246-0900.
Original post:
Proposed Federal Privacy Law Hearing Reveals Progress and Sticking Points - Lexology
- Website performance budgets are key to a more sustainable internet - Marketing Tech News - May 19th, 2025 [May 19th, 2025]
- Kellie Anderson of TechWyse Shares Insights on Building Brand Community at HeyOrca Summit 2025 - openPR.com - May 19th, 2025 [May 19th, 2025]
- Global internet advertising revenue from 2018 to 2027 - Statista - May 19th, 2025 [May 19th, 2025]
- What is Internet Market Capital (ICM)? Why Is Everyone Talking About Them? - NFTevening - May 19th, 2025 [May 19th, 2025]
- Online advertising revenue in the U.S. 2000-2024 - Statista - May 19th, 2025 [May 19th, 2025]
- Internet of Medical Things Market Insights: Key Players, - openPR.com - May 19th, 2025 [May 19th, 2025]
- Internet Advertising Market Size and Outlook by Application, Type, and Geographic Scope - openPR.com - May 17th, 2025 [May 17th, 2025]
- Digital advertising spending in the U.S. 2029 - Statista - May 17th, 2025 [May 17th, 2025]
- Exploring the Explosive Growth of the Internet of Behaviors (IoB) Market - openPR.com - May 14th, 2025 [May 14th, 2025]
- Internet Marketing Company Marketing 1on1 Has Moved to a New Domain, 1on1.marketing - openPR.com - May 14th, 2025 [May 14th, 2025]
- Digital Marketing Grad is Vice President of SEO at Synchrony Bank - Full Sail University - May 8th, 2025 [May 8th, 2025]
- Digital Marketing Market Size To Worth USD 1,189.5 Billion by 2033 | CAGR of 11.22% - openPR.com - May 8th, 2025 [May 8th, 2025]
- Internet Advertising Revenue Report: Full Year 2024 - IAB - April 23rd, 2025 [April 23rd, 2025]
- Google Broke the Law to Keep Its Advertising Monopoly, a Judge Rules - The New York Times - April 23rd, 2025 [April 23rd, 2025]
- What is SEO Marketing? Definition, Importance, and Types (2025) - Shopify - April 23rd, 2025 [April 23rd, 2025]
- Marketing genius? Kanye West reveals disturbing childhood experience with cousin, leaves Internet in shock - Mint - April 23rd, 2025 [April 23rd, 2025]
- The Comprehensive Guide to Digital Marketing: Strategies, Trends, and Future Insights - openPR.com - April 23rd, 2025 [April 23rd, 2025]
- AI-Driven Lead Generation: How to Get Found, Build Trust, and Grow in 2025 - MITechNews - April 23rd, 2025 [April 23rd, 2025]
- Types of Digital Marketing: The Marketers Toolkit for 2025 - Simplilearn.com - April 16th, 2025 [April 16th, 2025]
- 8 Digital Marketing Trends That Will Dominate! - Simplilearn.com - April 16th, 2025 [April 16th, 2025]
- 12 Types of SEO | Top SEO Techniques to Increase Traffic in 2025 - Simplilearn.com - April 16th, 2025 [April 16th, 2025]
- AppsFlyer and NAVER Announce Audience Integration to Enhance Digital Marketing Capabilities - Business Wire - April 14th, 2025 [April 14th, 2025]
- Is Digital Marketing a Good Career: Unveiling the Truth - Simplilearn.com - April 14th, 2025 [April 14th, 2025]
- Hi! It's Duo: The Marketing Strategy Behind the Internet's Favorite Green Menace - Adweek - April 14th, 2025 [April 14th, 2025]
- Top 15 Creative Marketing Ideas To Grow Your Business - Simplilearn.com - April 14th, 2025 [April 14th, 2025]
- Best Marketing Certifications for Your Marketing Career - Business.com - April 5th, 2025 [April 5th, 2025]
- Jio led mobile internet market in key performance metrics in H2-2024: Ookla - ANI News - April 3rd, 2025 [April 3rd, 2025]
- Audio Visual Over Internet Protocol Market Size and Growth Forecast by Application, Type, and Region - openPR.com - April 1st, 2025 [April 1st, 2025]
- Best Travel Website of 2025 to be Named by Web Marketing Association in 29th Annual WebAward Competition - PR.com - March 20th, 2025 [March 20th, 2025]
- Navigating the Future: Healthcare Digital Marketing - openPR - March 20th, 2025 [March 20th, 2025]
- ELC Partners with Adobe to Scale the Production of Digital Marketing with Firefly Generative AI - Estee Lauder Companies - March 15th, 2025 [March 15th, 2025]
- Transitioning from Traditional to Digital: 5 Legacy Brands Crushing It - Spiceworks News and Insights - March 15th, 2025 [March 15th, 2025]
- Future of the Digital Marketing Market: Insights, Current Trends & Forecasts - openPR - March 15th, 2025 [March 15th, 2025]
- Market capitalization of the largest internet companies worldwide as of October 2024 - Statista - March 9th, 2025 [March 9th, 2025]
- Why outdated data is costing dealers more than they realize April Simmons | Horne Auto Group - CBT Automotive News - March 7th, 2025 [March 7th, 2025]
- Next Wave of Gaming Advertising Innovation Takes Center Stage at 2025 IAB PlayFronts - IAB - March 5th, 2025 [March 5th, 2025]
- Digital marketing needs a reset heres where to start - Retail Week - March 5th, 2025 [March 5th, 2025]
- How genius marketing campaign sent Oasis fans into a frenzy and lit up the internet - Prolific North - March 5th, 2025 [March 5th, 2025]
- Top 8 CEOs of Digital Marketing Agencies in Houston - Influencer Marketing Hub - March 3rd, 2025 [March 3rd, 2025]
- Trends Shaping the Transactional & Marketing E-Mails - GlobeNewswire - February 27th, 2025 [February 27th, 2025]
- The Remarkable Story of Aleksandr Alimov: How the Creator of Multilanding and Hypersegmentation Changed the Game in Marketing - Tech Times - February 27th, 2025 [February 27th, 2025]
- What is Programmatic advertising: Career and beyond - India Today - February 27th, 2025 [February 27th, 2025]
- How blockchain is changing digital advertising and consumer trust in the UK - London Daily News - February 18th, 2025 [February 18th, 2025]
- SEO Spring Training 2025 Conference Returns to Chandler, AZ, May 1-4 2025 - StreetInsider.com - February 14th, 2025 [February 14th, 2025]
- Internet Ad Spending Market Competitive Research And Precise Outlook 2025 To 2033 | Facebook, Google, LinkedIn - openPR - February 12th, 2025 [February 12th, 2025]
- Internet of Thing Container Solution Market Survey Report 2025 - openPR - February 7th, 2025 [February 7th, 2025]
- Kenyas Internet Advertising Market Projected to Be the Fastest Growing in the World - Kenyan Wallstreet - February 3rd, 2025 [February 3rd, 2025]
- VCI Global Moves to Acquire Award-Winning Digital Marketing Firm in Singapore - GlobeNewswire - January 26th, 2025 [January 26th, 2025]
- Display & Video 360: the demand side platform for a connected internet - The Keyword - January 26th, 2025 [January 26th, 2025]
- I had 4 startups fail before I started making 6 figures a month from my digital marketing company. Teaching the lessons of my failures led to my... - January 26th, 2025 [January 26th, 2025]
- Internet of Medical Things Market to Witness Massive Growth (2024-2031): Abbott, ResMed, BIOTRONIK. - openPR - January 26th, 2025 [January 26th, 2025]
- Internet Micro Drama Market To Witness the Highest Growth - openPR - January 26th, 2025 [January 26th, 2025]
- IAB Report Highlights Optimism in Digital Advertising with Double-Digit Growth for Retail Media, CTV, and Social - IAB - January 19th, 2025 [January 19th, 2025]
- AT&T bows out of huge home internet market area as new law takes effect - PhoneArena - January 19th, 2025 [January 19th, 2025]
- Market share of the leading broadband internet providers in Germany from 2011 to 2023 - Statista - January 19th, 2025 [January 19th, 2025]
- Amazon aims to branch into UK internet market with satellite broadband plan - The Guardian - January 9th, 2025 [January 9th, 2025]
- Best Omnichannel Marketing Platforms and Why Your Business Needs One - Influencer Marketing Hub - January 1st, 2025 [January 1st, 2025]
- Mozilla reclaims the Internet in new rebrand - Marketing Interactive - December 10th, 2024 [December 10th, 2024]
- Insights into the Digital Brand Registration Platform Market - openPR - December 10th, 2024 [December 10th, 2024]
- IPG sells Huge and buys tech: has digital been trumped by data? - More About Advertising - December 5th, 2024 [December 5th, 2024]
- Satellite Internet Market to Reach USD 15.07 Billion by 2030, Growing at a CAGR of 12.65% - openPR - December 5th, 2024 [December 5th, 2024]
- (PDF) WhatsApp Business Application as a Digital Marketing Strategy of UMKM - ResearchGate - December 5th, 2024 [December 5th, 2024]
- 20+ Must-have Digital Marketing Tools: Skyrocket Your ROI - Simplilearn - December 2nd, 2024 [December 2nd, 2024]
- Hindustan Unilever shares a glimpse into the future of Internet, Advertising and Traditional Media - CNBCTV18 - December 2nd, 2024 [December 2nd, 2024]
- Director of digital marketing vs. CMO: Which pays better in ecommerce? - Digital Commerce 360 - November 28th, 2024 [November 28th, 2024]
- Haoxi Health Secures RMB30M Digital Advertising Contract with Tengyuan Media | HAO Stock News - StockTitan - November 28th, 2024 [November 28th, 2024]
- 14 Benefits of Digital Marketing in 2025 - Simplilearn - November 28th, 2024 [November 28th, 2024]
- Meet The Founder of a Black-Owned Digital Marketing Agency Devoted to Helping Black Businesses Thrive Online - The Citizen Newspaper Group - November 23rd, 2024 [November 23rd, 2024]
- Internet of Everything Market to reach a market size of USD 59.40 billion by 2030 - openPR - November 23rd, 2024 [November 23rd, 2024]
- 24 AI marketing tools your team should be using in 2025 - Sprout Social - November 17th, 2024 [November 17th, 2024]
- U.S. B2B CMOs' expected change in ad spend 2024 - Statista - November 17th, 2024 [November 17th, 2024]
- Meet the Founder of a Black-Owned Digital Marketing Agency Devoted to Helping Black Businesses Thrive Online - BlackNews.com - November 12th, 2024 [November 12th, 2024]
- Digital advertising spending in the United Kingdom (UK) from 2007 to 2020 - Statista - November 12th, 2024 [November 12th, 2024]
- MyOnlineMarketer.co.uk and The Funnel Guys Announce Strategic - openPR - November 12th, 2024 [November 12th, 2024]
- Digital Marketing Services Market Growing Popularity and Emerging Trends in the Industry - openPR - November 12th, 2024 [November 12th, 2024]
- Web Marketing Association's 23rd IAC Awards to Name Best Online Advertising Campaigns - PR.com - November 5th, 2024 [November 5th, 2024]
- All the tools of the trade: Digital Marketing Lab provides space for experience and experimentation - Bryant University - November 5th, 2024 [November 5th, 2024]
- Online payments and ordering company Tech 2 Success Acquires Supply Wizards - Vending Market Watch - November 5th, 2024 [November 5th, 2024]
- In Depth: AI Is Taking Internet Advertising by Storm, but at What Cost? - Caixin Global - November 5th, 2024 [November 5th, 2024]
- Reinventing the Digital Agency Model with a Global Marketplace of On-Demand Experts - GP Bullhound - November 5th, 2024 [November 5th, 2024]