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Articles by Idara E. Udofia
Data protection & privacy: European Union, United States & United Kingdom
The EU AI Act is now in force, with the AI Omnibus postponing high-risk requirements to December 2027 and August 2028, although Article 50 transparency obligations have applied since August 2026. The EDPB has confirmed legitimate interests may be available for AI training in appropriate cases, but only with a documented three-step assessment; its July 2026 draft guidelines on anonymisation and web scraping set out further practical standards and remain open for consultation until 30 October 2026.
To be or not to be: a de facto consent-based framework in the U.S.?
September 17, 2025 - One of the hallmarks of U.S. privacy regulations is the absence of a federal, comprehensive, data privacy law. Instead, consumer personal information is regulated by a hodgepodge of federal and state laws and regulations. Despite the complex web, the United States has historically maintained an opt-out framework, in that covered entities are not generally required to obtain consent before processing personal information.
To be or not to be: a de facto consent-based framework in the U.S.?
(September 17, 2025) - Idara E. Udofia of Reed Smith LLP discusses the historically maintained opt-out framework in U.S. data privacy laws while noting that increasing scrutiny and liability associated with consumer privacy has the potential to shift to a de facto consent-based approach. One of the hallmarks of U.S. privacy regulations is the absence of a federal, comprehensive, data privacy law.
Get Ready for New York State’s COPPA-Like Privacy Law
New York State recently passed the New York Child Data Protection Act (Act), a comprehensive data privacy law that regulates personal information about covered users under 18. New York joins several other states, such as Connecticut and Maryland, which recently passed legislation around minor data. However, the Empire State stands out as it seemingly blends frameworks found under the federal Children’s Online Privacy Protection Act (COPPA) and state omnibus privacy laws to the address minor data.
U.S. Data Privacy Compliance Roadmap for 2022
There’s no doubt 2022 will be a big year for data privacy compliance with three new laws going into effect in 2023. On January 1, 2023, the California Privacy Rights Act (CPRA) will replace and amend California’s most recent, comprehensive data privacy law, the California Consumer Privacy Act (CCPA), and Virginia’s first extensive privacy law, the Consumer Data Privacy Act (VCDPA), will also go into effect.
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