On March 24, 2022, Utah became the fourth state in the U.S., following California, Virginia and Colorado, to enact a consumer data privacy law, theUtah Consumer Privacy Act(the UCPA). 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. 227, 2022 Gen. Sess. On February 18, 2021 in the Senate: Senate/ to standing committee. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Requires everything the Utah law requires plus additional conditions. Begin writing your policies for how youll handle consumer requests. The UCPA will prohibit controllers from discriminating against consumers for exercising their rights. Requires an exchange, but it doesnt have to be money. Legislative Research and General Counsel / Enrolling. 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. California, Colorado, and Virginia all passed their own consumer data privacy laws before Utah. Bill Numbered but not Distributed. 227 02-17-22 2:18 PM - 4 - 90 As used in this chapter: 91 (1) (a) "Affiliate" means a person who directly or indirectly through one or more 92 intermediaries controls, or is controlled by, or is under common control with, the person Termly is a an easy-to-use solution for data privacy compliance and consent management. Utah joins California, Colorado, and Virginia as the fourth state to enact a comprehensive privacy law. We hope weve helped you on your path to making your website or app legally compliant. Legislative Research and General Counsel / Enrolling. UCPA regulates "controllers" or "processors" that conduct business in Utah or produce a product or service that is targeted to Utah residents, have an annual revenue of $25 million or more, and either (i) control or process personal data of 100,000 or more Utah residents in a calendar year; or (ii) derive over 50% of their gross revenue . The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Data processed or maintained in the course of employment, including job applicant data, is also exempt. One key distinction is that the UCPA offers no private right of action. With respect to the processing of personal data concerning a known child (under age 13), controllers must process such data in accordance with the Childrens Online Privacy Protection Act. 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. Unlike its counterparts in California, Virginia and Colorado, the law does not grant Utah consumers the right to correct inaccuracies in their personal data. The ability to opt out of having personal data processed and sold is also significant. CMS Heightens Oversight of TPMO Marketing Programs, Restricts TV Weekly Bankruptcy Alert, October 31, 2022, On the Board: DOJ Gets First Win in Criminal No-Poach Prosecution. Utah passes an omnibus consumer privacy law. Its crowdsourcing, with an exceptional crowd. 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. 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. The UCPA does authorize the Utah Division of Consumer Protection (DCP) to establish a system to receive complaints from consumers, and the DCP may also investigate those complaints. In order to help you create a cookie consent solution that is GDPR and Cookie Law compliant, we must first scan your website for cookies. Fifth Circuit Widens Availability of Federal Jurisdiction in Property Goldman Sachs Successful in Getting 401(k) Fee Class Action Dismissed. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing. Review any contracts you have with your processor or controller to make sure they meet the UCPA requirements. Wedisclaim all liability. California, Colorado, and Virginia have all passed similar privacy laws, and several other states are in the process of passing privacy legislation. Ordinary Observer Conducts Product-by-Product Analysis in View of Prior Art, Alaska Businesswoman Indicted on Tax Evasion and Filing False Tax Returns, Value-Based Care Conference 2022: Hot Topics and Trends, 2022 West Coast Forum - Beverly Hills, CA, Mitigating Title IX Liability in Athletic Fundraising Policies and Procedures, Trade Secrets, Restrictive Covenants, and No-Poach Agreements in Health Care. After unanimous passage by both the Utah Senate and House, Governor Spencer Cox signed the bill ( SB 227) into law, which will become effective on December 31, 2023. 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. Why the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) May Foley Manufacturing Update: November 2, 2022. We love sharing our knowledge, but we don't want to inundate you. Requires controllers to establish security practices to protect consumer data, Allows consumers to make requests to controllers and processors to find out who has their data and get copies of it, Mandates that controllers give consumers information about how their personal data is processed and offer them the choice to opt out, If the consumer has already made at least one other request in the previous 12 months, To cover administrative costs if you reasonably believe the request wasnt made for a proper purpose, it disrupts or harasses your business, or the request is excessive, repetitive, or difficult to respond to, How a consumer can assert their rights under the law, What types of personal data are shared with other parties, The types of third parties the data is shared with, The specific data that has been collected, Ensure you have security practices to protect consumer data, Review your contracts involving consumer data processing to ensure they meet the requirements in the statute, Set up a way for consumers to opt out of having their personal data processed in certain circumstances, Set up a process for consumers to request information about how their data is used as well as a process to authenticate and respond to these requests. New York City Joins Growing Number of Jurisdictions Requiring Pay RIAs Beware: The Pitfalls When Going Straight To The (Out)Source. Draft of Enrolled Bill Prepared. 131 (6) (a) "Consumer" means an individual who is a resident of the state acting in an 132 individual or household context. The SEC's Immensely Impracticable Impracticability Exception. And when do you have to start thinking about meeting its demands? First, if you sell personal data to a third party, or the data will be used for targeted advertising, you have to give notice to the consumer on how to opt out of having their personal data sold or processed for targeted advertising. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200, CDPO, CDPO/BR, CDPO/FR, CIPM, CIPP/A, CIPP/C, CIPP/E, CIPP/G, CIPP/US, CIPT, LGPD. Gary Herbert's desk for signature. Not every business that processes or controls personal data is covered by the Utah consumer protection legislation. Email: . EPA Provides Report to Congress on Its Capacity to Implement Certain SEC Adopts Amendments Requiring Electronic Filing of Forms 144. The IAPP is the only place youll find a comprehensive body of resources, knowledge and experts to help you navigate the complex landscape of todays data-driven world. For more specifics on the Utah data protection law, read on. The UCPA defines a consumer as a Utah resident who is acting in an individual or household context. The legislation excludes individuals who are acting in a different context for example, if a person is acting in an employment or commercial context, theyre not a consumer under the law. The global standard for the go-to person for privacy laws, regulations and frameworks. Employers. To be covered as a processor or controller under the Utah data privacy law, your business must meet the following criteria: Even if you meet the above criteria, however, youre not considered a processor or controller under the UCPA if youre a higher education institution, youre a nonprofit, or you process data as part of government contract work. The UCPA's applicability is narrower than the three other comprehensive state privacy laws. Unlike the VCDPA and CPA, the UCPA does not require controllers to conduct data protection assessments to evaluate the risks associated with data processing activities. 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. Utah Consumer Privacy Act In March 2022, Utah's Consumer Privacy Bill passed the State House. 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. The UCPA will take effect on December 31, 2023. Utah is the first state in 2022 to have passed such legislation. The privacy officer for Utahs State Board of Education Whitney Phillips, CIPP/US, CIPM, has been named the states first chief privacy officer, StateScoop reports. National Law Review, Volume XII, Number 83, Public Services, Infrastructure, Transportation. By including multiple threshold requirements, the scope of the UCPA is narrower compared to other state privacy laws on the books. Enables Division of Consumer Protection to establish and administer a system to receive consumer complaints regarding a controller or processor's alleged violation. [Street address is only necessary for Points and Authorities.] Other significant components to the UCPA include: 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: (a) control or process personal data of 100,000 or more consumers (defined as a Utah resident) in a calendar year; or (b) derive more than 50 percent of gross revenue from selling personal data and control or process data of 25,000 or more consumers. The text of the Utah Consumer Privacy Act is here: S.B. Overall, Utahs version will likely be slightly easier for businesses to comply with than the others. The UCPA defines personal data as information that is linked or reasonably linkable to an identified individual or an identifiable individual. However, the law carves out exceptions to this broad definition. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. Right to access. Ordinary Observer Conducts Product-by-Product Analysis in View of Alaska Businesswoman Indicted on Tax Evasion and Filing False Tax United States Department of Justice (DOJ), Know Your Rights: EEOC Releases Updated Worksite Poster. For example, if data is exchanged, that is a sale. March 21, 2022 Governor Spencer Cox of Utah has now signed into law the Utah Consumer Privacy Act ("UCPA"), which was recently passed unanimously by the Utah legislature, and which will go into effect on December 31, 2023. . Good luck with your business! the Division cannot act as your private attorney. As with the VCDPA and CPA, the UCPA includes both entity- and data-level exemptions. The key takeaway is that the UCPAs scope is narrower than the CCPA, VCDPA and CPA: It applies to a smaller set of entities and more categories of data fall outside the laws reach. Learn the legal, operational and compliance requirements of the EU regulation and its global influence. Verlngerung der Arbeitsnehmerberlassungshchstdauer durch New York City COVID-19 Vaccine Mandates Dealt a Fatal Blow, AUSTRALIAN REGULATORY UPDATE 2 NOVEMBER 2022. If you have time, a share would mean a lot to us dont forget to @Termly_io and use the hashtag #Termly! 62 (b) Chapter 10a, Music Licensing Practices Act; 63 (c) Chapter 11, Utah Consumer Sales Practices Act; 64 (d) Chapter 15, Business Opportunity Disclosure Act; 65 (e) Chapter 20, New Motor Vehicle Warranties Act; 66 (f) Chapter 21, Credit Services Organizations Act; 67 (g) Chapter 22, Charitable Solicitations Act; A Question OpenSky Should ATA Calls for Stakeholder Letter on Telemedicine Controlled Equitable Mootness No Bar to Slicing & Dicing Exculpation EPA Region 1 Expands NPDES Stormwater Permitting Requirement to Sites Unpacking Averages: Finding Medical Device Predicates Without Using 2023 Employee Benefit Plan Limits Announced by IRS. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in todays economy. Learn the intricacies of Canadas distinctive federal/provincial/territorial data privacy governance systems. The categories of personal data processed by the controller. The legislation is set to take effect well after other state data privacy laws, on December 31, 2023. The and is a key distinction between the UCPA and the CCPA, whereas the CCPAs $25 million dollar revenue requirement is an independent basis to determine applicability. Referral to the attorney general is required if the director of the division has reasonable cause to believe that substantial evidence (of a violation) exists. If the attorney general decides to take action on a referred matter, the office must first provide written notice to the controller or processor. And unlike the CPA, controllers subject to the UCPA are not required to recognize universal opt-out signals as a method for consumers to exercise their opt-out rights. UCPA: Utahs Consumer Privacy Act Explained, US states that have passed a data privacy law, UCPA vs. CCPA vs. VCDPA vs. CPA: Similarities and Differences, controllers or processors of personal data, private right of action like the CCPA has, Certified Information Privacy Technologist (CIPT), Certified Information Privacy Manager (CIPM), 98 Biggest Data Breaches, Hacks, and Exposures [2022 Update], Compliant "Do Not Sell My Personal Information" Page, What Is a Privacy Center and Do You Need One, Businesses must have at least $25 million in revenue and meet additional criteria, Having at least $25 million in revenue is just one possible way that a business may be covered. As for the data-level exemptions, the UCPA does not apply to information subject to HIPAA, GLBA, the Fair Credit Reporting Act, the Drivers Privacy Protection Act, the Family Educational Rights and Privacy Act, and the Farm Credit Act. Numbered Bill Publicly Distributed. 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 UCPA is a new law passed unanimously by the Utah State Legislature as Senate Bill 227, Consumer Privacy Act. The CPRA builds on existing California law passed in 2018 (the California Consumer Privacy Act or CCPA). The UCPA contains a VCDPA-like definition of sale, which is defined as the exchange of personal data for monetary consideration by a controller to a third party. Instead of drawing from the CCPA and CPA where personal data exchanged for monetary or other valuable consideration constitutes a sale an exchange of personal data under the UCPA will qualify as a sale only if the consideration is monetary. After receiving the request, the controller must do one of three things: The UCPA allows a controller to charge a fee for providing information to a consumer only in certain circumstances: Your business is responsible for posting privacy notices giving consumers specific information about their personal data and how its processed, as well as explaining consumers rights under the Utah data privacy law. These practices arent limited to one form but include administrative, technical, and physical measures. 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. We have shortened the names of some chapters in the navigation on the left to make it easier for you to navigate. View our open calls and submission instructions. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. What states have cookie laws? On August 11, 2022, the FTC issued an Advanced Notice of Proposed Rulemaking (ANPR) to request public comment on commercial privacy and security practices and their effects on consumers. Similar to the CPA and VCDPA, the UCPA contains exemptions for covered entities, business associates and protected health information subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and financial institutions or personal data subject to the Gramm-Leach-Bliley Act (GLB). 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