U.S. State Privacy Laws

 

Nuanced comprehensive consumer privacy laws have been enacted in the U.S. by state legislatures, with more to come. Understanding their similarities, differences, and interactions with other laws, as well as the accompanying regulatory environment, is no small task.  Sidley provides insight and perspective.  You will also find our convenient tables and a map providing effective dates of the statutes and their amendments. Our Privacy and Cybersecurity lawyers also regularly contribute state law developments to the Sidley AI Monitor.

 

 

Children’s Privacy in 2026: From Australia’s Under-16 Social Media Ban to a Shift Beyond Notice-and-Consent in the United States

Recent developments in children’s privacy and online safety regulation reflect a global shift away from notice-and-consent frameworks toward access restrictions, design mandates, categorical advertising prohibitions, and ecosystem-level age-assurance mechanisms. Using Australia’s under-16 social media ban as a case study, this article examines four converging regulatory trends emerging across the United States, Europe, and the United Kingdom. These developments increasingly affect product design, advertising, and data governance decisions for companies operating consumer-facing digital services.

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Reviewing The Legal Landscape Of Social Media For Minors

Concerns about the impact of social media on children and adolescents have grown among U.S. lawmakers, parents, and public health officials. While federal oversight remains largely limited to narrow data privacy protections for minors, states have moved to fill the gap with a wave of laws governing minors’ access to and use of social media platforms. Companies should closely track these developments to anticipate new obligations and adapt their policies and procedures on a jurisdiction-by-jurisdiction basis. Read the full article to learn more about emerging state laws, enforcement trends, and practical steps companies can take to prepare.

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A Mid-Year Privacy Check-In – Important Developments and New Compliance Obligations for Privacy Laws

During the first half of 2025, state legislators and regulators have been working overtime to enact new data privacy laws and expand existing laws, all of which are likely to have an impact on businesses in the remainder of the year and into 2026.  These efforts reflect key themes such as increased regulation of teen data and social media platforms, enhanced restrictions on the collection and sale of geolocation and biometric data, simplified opt-out mechanisms for tracking technologies, and broader obligations concerning consumer health data and data minimization. In parallel, significant regulatory activity surrounding AI has emerged, including a new federal AI Action Plan and proposed amendments to the CCPA addressing automated decision-making technologies, alongside a wave of new state AI laws.

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California Privacy Protection Agency Advances Substantial Rulemaking – Cyber Audits, Risk Assessments, New Automated Decisionmaking Technologies Rights, and More

The California Privacy Protection Agency (Agency) on Thursday, July 24, 2025, approved a comprehensive set of new California Consumer Privacy Act (CCPA) regulations that the Agency has been developing for over four years. Before taking effect, the proposed regulations must still be approved by California’s Office of Administrative Law (OAL). It is possible some of these provisions may change with the OAL’s review, which must be completed within 30 business days after the Agency submits to the OAL its final rulemaking package. However, many expect that most of the proposed regulations will pass OAL review. If approved, several of the proposed regulations would be effective as of January 1, 2026. (more…)

An Artificial Intelligence, Privacy, and Cybersecurity Update for Indian Companies Doing Business in the United States and Europe

Pivotal shifts have occurred in global data privacy, artificial intelligence (AI), and cybersecurity from executives facing more pressure to monitor their organizations’ cybersecurity operations, to an unprecedented wave of consumer data privacy laws and rapid advancements in AI technology use and deployment. Indian organizations should establish best practices to address these new (and emerging) laws, regulations, and frameworks.

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