Hira's JurTech Insights

There's a quiet assumption many businesses carry into the digital economy: that "data privacy compliance" means satisfying one federal law and moving on. It doesn't. In the United States, privacy and data protection obligations are built from a patchwork of federal sector-specific statutes, a general federal deceptive-practices standard, and a growing, uneven map of state legislation. Understanding how these layers interact — not just knowing that they exist — is what separates real compliance from a privacy policy that merely looks the part. There Is No Single Federal Privacy Law Unlike the EU's GDPR, the US has no single, comprehensive federal privacy statute governing all personal data. Instead, federal law regulates privacy sector by sector: The Gramm-Leach-Bliley Act (GLBA) governs nonpublic personal information held by financial institutions — banks, lenders, and similar entities significantly engaged in financial activities. It requires privacy notices, opt...

In today's digital economy, businesses collect unprecedented amounts of personal information—from names and email addresses to browsing histories, precise geolocation, and even health-related data. While many organizations treat privacy policies as routine legal documents, United States law views them quite differently. Under Section 5 of the Federal Trade Commission (FTC) Act, a privacy policy is not merely a disclosure document—it can become a legally enforceable promise. If a company represents that it handles personal information in a certain way but acts differently in practice, it may face enforcement action by the Federal Trade Commission (FTC). The FTC's Role in Data Privacy Unlike comprehensive privacy laws that prescribe detailed compliance requirements, the FTC Act adopts a broader consumer protection approach. Section 5 prohibits unfair or deceptive acts or practices in or affecting commerce. This provision has become the foundation of the FTC's privacy and data...

Technology law is often perceived as a single, standalone area of law. In reality, there is no single "US Technology Act" that governs the technology sector. Instead, technology companies operate within a dynamic legal framework consisting of multiple sources of law, each playing a distinct role in regulating innovation, protecting consumers, and promoting fair competition. Understanding these sources is essential for lawyers, entrepreneurs, compliance professionals, and anyone working with technology-driven businesses. The Primary Sources of US Technology Law 1. The US Constitution The US Constitution forms the foundation of the American legal system. Constitutional principles influence areas such as freedom of speech, due process, privacy, and government regulation of digital platforms and emerging technologies. 2. Federal and State Legislation Congress enacts federal laws, while individual states enact their own legislation. As a result, technology companies often n...