Unlike the CCPA, the CPA, or the VCDPA, the UCPA does not require data protection assessments for certain data processing activities. Classify360s inverted index provides a rapid, thorough search of connected data sources without making copies and the associated additional risk. We expect to see additional states adopt Utahs model, though state regulation will continue to remain a patchwork system. Last July, the final text of the Uniform Personal Data Protection Act (UPDPA) was approved. Utah is the first state in 2022 to have passed such legislation. The UCPA applies to controllers and processors that conduct business in the state of Utah or produce a product or service that is targeted to Utah residents, have annual revenue amounts of $25,000,000 or more, and: A controller may extend the 45-day period by another 45 days if reasonably necessary.[3]. Spencer Cox, R-Utah, on March 24, 2022. Utah's Senate passed the UCPA unanimously on February 25, 2022, and was followed by a unanimous vote by Utah's House on March 2. Results depend upon a variety of factors unique to each representation. The law goes into effect Dec. 31, 2023. The new law defines a sale as the exchange of personal data for monetary consideration by a controller to a third party.[9] Like in the VCDPA and CPA, the UCPA language excludes the broader valuable consideration language found in the CCPA. The purpose of the Utah Consumer Privacy Act is to protect the privacy of residents of Utah. Languages Back Deutsch English Espaol Franais Italiano Portugus Platform Solutions Resources Customers Company Why OneTrust The Utah Consumer Privacy Act (UCPA) was signed into law in 2022 and takes effect on December 31, 2023. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 10, 2022), available at https://oag.ca.gov/system/files/opinions/pdfs/20-303.pdf. The Utah Consumer Privacy Act (UCPA) was signed into law by Governor Spencer Cox on March 24th, 2022, joining a growing list of U.S. states with comprehensive . This cookie is set by GDPR Cookie Consent plugin. the ucpa applies to controllers or processors that (1) do business in utah or produce a product or service targeted to consumers who are utah residents, (2) have annual revenue of $25 million or more, and (3) either (a) control or process personal data of 100,000 or more consumers during a calendar year or (b) derive over 50 percent of the The Bill still has several hurdles to jump through before becoming law. The law gives consumers the right to know what personal data is being collected and ask it be deleted. You also have the option to opt-out of these cookies. Achieve historical compliance with untouched dark data and maintain ongoing compliance as new data is created by placing Classify360 at the top of your data workflows. These cookies ensure basic functionalities and security features of the website, anonymously. Donata is the Co-founder and President of Termageddon, an auto-updating generator of website and application policies. The new law defines a sale as the exchange of personal data for monetary consideration by a controller to a third party.[8] Like in the VCDPA and CPA, the UCPA language excludes the broader valuable consideration language found in the CCPA. The Utah legislature recently passed the Utah Consumer Privacy Act (UCPA). Necessary cookies are absolutely essential for the website to function properly. AUSTIN, BEIJING, BOSTON, BRUSSELS, CHICAGO, DUBAI, DSSELDORF, FRANKFURT, HAMBURG, HONG KONG, HOUSTON, LONDON, LOS ANGELES, MADRID, MILAN, MUNICH, NEW YORK, ORANGE COUNTY, PARIS, RIYADH*, SAN DIEGO, SAN FRANCISCO, SEOUL, SHANGHAI, SILICON VALLEY, SINGAPORE, TEL AVIV, TOKYO AND WASHINGTON, D.C. * IN COOPERATION WITH THE LAW FIRM OF SALMAN M. AL-SUDAIRI LLC. The UPDPA's approach is based on tort instead of looking at data as consumer property. Chain of custody is automatically documented and maintained, clearly demonstrating files were not opened or altered by the Classify360 platform. The Utah Consumer Privacy Act will go into effect on December 31, 2023 and will be enforced by the Utah Attorney General. The effective date is December 31, 2023. The UCPA excludes the following exchanges of personal data from the definition of a sale: (1) disclosure of personal data to a processor that processes personal data on behalf of the controller; (2) disclosure of personal data to an affiliate of the controller; (3) considering the context in which the consumer provided the personal data to the controller, disclosure of personal data to a third party if the purpose is consistent with a consumers reasonable expectations; (4) disclosure of personal data when a consumer (a) directs the controller to disclose the data (b) or interacts with one or more third parties; (5) disclosure of information that the consumer intentionally made available to the general public via a channel of mass media and does not restrict to a specific audience; or, (6) disclosure or transfer to a third party of personal data as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controllers assets.[9]. With the recent signing of the Utah Consumer Privacy Act ( UCPA) by Gov. The UCPA does not impose any new privacy obligations on businesses that are not already required in California, and businesses will be familiar with the UCPAs requirements all of which have appeared in existing and forthcoming state data privacy laws. Spencer J. Cox on March 24, 2022, Utah has become the fourth state to enact a comprehensive law addressing consumer data privacy, joining California, Colorado and Virginia. On March 2, after only five session days of discussion, the Utah Senate and House unanimously passed the law. Utah is fourth state in the United States to sign privacy legislation into lawand it grants Utah residents certain rights for personal data. However you may visit Cookie Settings to provide a controlled consent. The European Health Data Space - Panacea or Poison Pill? [14] Opinion of Office of the Attorney General, State of California, No. "The Utah legislature appears poised to advance a privacy bill that falls short of protecting the privacy rights of its citizens," Consumer Reports Senior Policy Analyst Maureen Mahoney said. Under UCPA, businesses that control or process Utah consumers personal data must uphold new rights afforded to those consumers. The UCPA does not authorize the Attorney General or the Division to promulgate regulations to supplement the UCPA. On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to enact comprehensive data privacy legislation. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". If the Division has reasonable cause to believe that substantial evidence exists in support of a violation of the UCPA, the Division shall refer to the matter to the Attorney General. Virginia Consumer Data Protection Act: Second US State Passes Comprehensive Data Privacy Legislation, https://oag.ca.gov/system/files/opinions/pdfs/20-303.pdf, Advocate General: No Compensation for Mere Upset Caused by GDPR Infringement, Navigating the Impact of Counterparty Insolvency and Negative Market Conditions in the Crypto Space. On Friday, February 25, 2022, the Utah Senate unanimously passed SB 227, or the Utah Consumer Privacy Act. Utah Consumer Privacy Act (UCPA) is comprehensive privacy legislation enacted by the State of Utah in the United States of America. [20] The Attorney General may not initiate an action if the controller or processor cures the violation and provides an express written statement that the violation has been cured and no further violation will occur. In her free time, Donata enjoys beekeeping, hunting for morel mushrooms, and walks with her husband and two dogs. Under UCPA, businesses that control or process Utah consumers' personal data must uphold new rights afforded to those consumers. In both the VCDPA and CPA, controllers may not process sensitive personal data unless consumers opt in. On March 24, Gov. Below is a summary of the UCPA. .esg-grid .mainul li.eg-logo-slider-wrapper .esg-media-poster{background-size:contain; background-position:center center; background-repeat:no-repeat}. [19] The Attorney General may not initiate an action if the controller or processor cures the violation and provides an express written statement that the violation has been cured and no further violation will occur. The purpose of this communication is to foster an open dialogue and not to establish firm policies or best practices. Spencer Cox signed the Utah Consumer Privacy Act (" UCPA "). On March 24, 2022, Utah Governor Spencer Cox signed the Utah Consumer Privacy Act (UCPA), making Utah the fourth US state to enact comprehensive data privacy legislation. The UCPA, which is set to take effect on December 31, 2023, builds off existing and forthcoming privacy legislation in California, Colorado, and Virginia, but lightens some of the compliance burdens on businesses. This webinar will present an overview of the CPRA, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and the Virginia . If the Governor signs the bill into law, Utah will become the fourth state to pass consumer privacy legislation. READ MORE Utah privacy bill places tighter controls on consumer data. This means that the information commonly collected by business websites such as names, emails, phone numbers, IP addresses or physical addresses would all be considered personal data under this law. Prior to the law taking effect, if you have a Termageddon account, your policies will be updated with the newly required disclosures under this law if the law applies to you. Utah enacts data privacy legislation in the mold of California, Colorado, and Virginia, but with less onerous requirements for businesses, in what is expected to be a model for more states going forward. Analytical cookies are used to understand how visitors interact with the website. By clicking Accept, you consent to the use of ALL the cookies. Utah Consumer Privacy Act: At a glance. Submit a comment about this post to the editor. Latham & Watkins LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. On March 24, 2022, the Utah Consumer Privacy Act (UCPA) was signed into law by Governor Spencer Cox, becoming the latest addition to comprehensive state privacy laws in the US. These cookies will be stored in your browser only with your consent. The Utah Consumer Privacy Act makes a few changes to the formula from other states. The right to rectify or erase their personal data. The Utah Consumer Privacy Act (UCPA) will take effect in under two years' time, on December 31 2023. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Labor law, Lawyer, Attorney at law. Read about Utah privacy law. DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. 20-303 (Mar. The UCPA is largely based on the Virginia Consumer Data Protection Act (" VCDPA "). 3/8/2022. Under the UCPA, the Division has the authority to investigate consumer complaints to determine whether a violation has occurred. The UCPA, which is set to take effect on December 31, 2023, builds off existing and forthcoming privacy legislation in California, Colorado, and Virginia, but lightens some of the compliance burdens on businesses. [1], Like other data privacy laws, the UCPA guarantees consumers certain personal data rights that may be exercised against a controller. 1. The privacy rights provided by this new law, Privacy Policy requirements of the Utah Consumer Privacy Act, Why accessibility is important when it comes to cookie consent. Authorized data stewards take informed action within Classify360s CDMHub to migrate, archive, preserve, or delete data per UCPA standards. Unlike other state privacy legislation, the Utah law doesn't require businesses to conduct data protection assessments for the processing of sensitive information. Controllers and Processors Beware SB 227 is an This law provides new consumer privacy rights to residents of Utah and imposes various privacy obligations upon certain businesses, such as the requirement to have a comprehensive Privacy Policy. Notably, all of the consumer rights guaranteed by the UCPA already exist in other state data privacy laws. In Utah, however, controllers may process sensitive data as long as they provide consumers with clear notice and an opportunity to opt out. Utah Consumer Privacy Act Thursday, March 17, 2022 If Governor Spencer Cox signs the Utah Consumer Privacy Act (UCPA) into law by the March 24, 2022, deadline, Utah will join a handful of. [2] Controllers shall take action on a consumers request within 45 days and inform them of any action taken on the consumers request. Furthermore, the UCPA provides additional clarity over the scope of a Utah consumers right to opt out of processing for purposes of targeted advertising. Furthermore, the UCPA provides additional clarity over the scope of a Utah consumers right to opt out of processing for purposes of targeted advertising. Continuing the growing trend, Utah has become the fourth state to enact a comprehensive state privacy law, entitled the Utah Consumer Privacy Act ("UCPA"). Spencer Cox, R-Utah, signed the Utah Consumer Privacy Act into law, making Utah the fourth state to enact comprehensive consumer privacy legislation. Termageddon is currently tracking this new privacy law and will track any developments, including amendments to the law and Attorney General guidelines as to how to comply with this law. Controlling and processing the personal data of 100,000 or more customers annually, Deriving over 50% of their gross revenue from the sale of personal data or control or process the personal data of 25,000 or more consumers. This blog post discusses some of the UCPAs key provisions. The law, which takes effect Dec. 31, 2023, will apply to businesses with annual revenues of $25 million or more that satisfy one or more of the following thresholds: handles personal data of 100,000 or more consumers per year; derives over 50% of gross revenue from the sale of personal data; and processes personal data of 25,000 or more consumers. For the website, anonymously the fourth state in 2022 to have passed legislation. Being collected and ask it be deleted by a controller to a third party rights for personal data Protection (. The fourth state in 2022 to have passed such legislation you may cookie... Of connected data sources without making copies and the associated additional risk migrate. 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