Category: Internet Law

Social Media Influencer Contracts — Some Thoughts on So-Called “Kill Fees”

Social Media Influencer Contracts — Some Thoughts on So-Called “Kill Fees”

Internet Law

To begin, let’s distinguish “kill fees” in social media influencer contracts and “kill fees” in writing/publishing contracts. “Kill fees” in publishing relate to fees paid by publishers to writers/content creators if the content is not published through no fault of the writer/creator. The “kill fee” is often 25% of the fee that would have been […]

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The Maryland Online Data Privacy Act: Is It The Strongest Consumer Personal Data Protection Statute?

The Maryland Online Data Privacy Act: Is It The Strongest Consumer Personal Data Protection Statute?

Internet Law

On May 9, 2024, Maryland became the latest U.S. State to enact a comprehensive consumer data privacy statute called the Maryland Online Data Privacy Act (“MODPA”). Technically, MODPA goes into effect on October 1, 2025. However, the true effective date of the statute is April 1, 2026. From a review of MODPA and comparison to […]

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Social Media Influencers: What Does it Mean That Disclosures Must Be “Unavoidable”?

Social Media Influencers: What Does it Mean That Disclosures Must Be “Unavoidable”?

Internet Law

“Unavoidable” disclosure is a confusing concept. On the one hand, a social media influencer might think: “Well, yes, disclosures are unavoidable since I am required to make disclosures.” However, the concept of “unavoidable” disclosure is not about providing disclosures. Rather, “unavoidable” disclosures are evaluated from the viewpoint of the person consuming the content of a […]

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What is the EU – U.S. Data Privacy Framework?

What is the EU – U.S. Data Privacy Framework?

Internet Law

With respect to consumer and personal data collected by online businesses, sites, and sales platforms, the European Union (“EU”) and the United States have different statutory and regulatory regimes. There are many similarities, but there are also significant differences. However, given that so much business is global and cross-border, enormous flows of personal and consumer […]

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The Kentucky Consumer Data Protection Act (Part 3) — What Consumers Should Know

The Kentucky Consumer Data Protection Act (Part 3) — What Consumers Should Know

Internet Law

On April 4, 2024, Kentucky became the sixteenth State to enact a consumer data privacy statute — the Kentucky Consumer Data Protection Act (“KCDPA”). Since then, both Maryland and Nebraska have enacted data privacy statutes (and New Hampshire enacted a similar statute earlier in 2024). Eighteen States now have enacted some version of a consumer […]

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Recent Enforcement Actions Under the California Consumer Data Privacy Statutes

Recent Enforcement Actions Under the California Consumer Data Privacy Statutes

Internet Law

In 2018, California became the first State in the United States to enact a consumer data privacy statute. The statute became effective on June 1, 2020. The California statute has been amended and expanded a couple of times since being passed and is deemed one of the strongest and most protective consumer data privacy statutes. […]

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Impact of New DOJ Web Accessibility Final Rule

Impact of New DOJ Web Accessibility Final Rule

Internet Law

The legal debate concerning website and app accessibility for those who are visually and hearing impaired has been ongoing for at least a decade. Accessibility is accomplished with software coding embedded in the base structure of a website/app providing an audio description of visual content and a visual explanation of audio content. The software and […]

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Social Media Influencers, Disclosures, and What is a “Material Connection”

Social Media Influencers, Disclosures, and What is a “Material Connection”

Internet Law

It can be wonderful and fun to be a social media influencer. But, the bottom line is that social media influencers are engaged in advertising and, as such, must comply with federal and State laws with respect to disclosure. Failure to disclose that you are being paid to endorse a product or service is considered […]

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Oregon Consumer Data Privacy Act (Part Two) — FAQs for Consumers

Oregon Consumer Data Privacy Act (Part Two) — FAQs for Consumers

Internet Law

In 2023, Oregon enacted the Oregon Consumer Data Privacy Act (“OCDPA”). The OCDPA is similar to other consumer data protection acts that have been enacted in the U.S. In Part One of this series, the Consumer Data Privacy and Compliance Lawyers at Revision Legal discussed many of the obligations imposed by the OCDPA on businesses […]

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Oregon Consumer Data Privacy Act (Part One) — An Overview For Businesses

Oregon Consumer Data Privacy Act (Part One) — An Overview For Businesses

Internet Law

In mid-summer 2023, Oregon joined the list of U.S. states that have enacted consumer data protection statutes. The Oregon version is called the Oregon Consumer Data Privacy Act (“OCDPA”). The OCDPA is similar to every other consumer data protection act that has been enacted in the U.S. The basic framework identifies “controllers” and “processors” of […]

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