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[…] or loyalty program: A company offers a discount, reward, or other incentive to repeat customers who sign up for the program. In return, the company receives additional customer data. Dynamic pricing: Rapidly changing the price of a particular product or service based on real-time analysis of market conditions and consumer behavior. Consumer segmentation or […]

[…] handle it in ways that comply with privacy and data protection laws. However, many companies also use data collected from co-branded relationships (eg, credit card providers and airlines), or obtained from other entities (eg, data brokers). In this way, data-driven pricing is enabled by an ecosystem of entities that collect and share data, algorithms […]

[…] is the reality that these tools often fall into regulatory gray zones. If a product isn’t offered by a HIPAA-covered entity or used in a reimbursed clinical service, it may not be protected under federal health privacy law at all. Instead, protections depend on the state where a user lives, or whether the product […]

[…] qualities. An LLM does not store personal data in the way that a spreadsheet, database or document repository stores personal data. Billing and shipping information about a customer may be stored as a row in a spreadsheet; the employment details, leave records, and performance records of an employee may be stored as records in […]

[…] data in an increasingly digital environment. From a market perspective, it has the potential to foster competition and innovation by making it easier for individuals to switch service providers. While there are “success stories” of implementation of data portability rights in select sectors in jurisdictions like the United Kingdom and Australia, challenges remain in […]

[…] states explore more “substantive” requirements that tie the collection, processing, and/or sharing of personal (or sensitive) data to what is “necessary” to provide a requested product or service. At various points this year, Connecticut, Colorado, and Oregon all considered amending their existing privacy laws to include Maryland-style substantive data minimization requirements. None of these […]

[…] data minimization paradigm embodied in MODPA, MHMD, and the NYCPA, the collection of data itself is prohibited unless it is deemed necessary for providing a product or service requested by the consumer. In this regard it is closely related to purpose specification. In a substantive model, collection and use is tied to the nature […]

[…] to tie the collection of personal data, and the processing of sensitive data to what is ” strictly necessary” to provide or maintain a specific product or service requested by the consumer. As we approach that law’s effective date , how are you thinking about compliance? Do you see Maryland’s standard as meaningfully different? […]