BT-REQ-1940 Consumer Holiday Guide 2023 v9 BH - Flipbook - Page 22
Carrying consumer relationships
into the New Year – Evolving
privacy frameworks
James Denvil
Partner
Washington, D.C.
The holiday season is a key opportunity to engage and establish
relationships with new customers. The 昀椀rst-time shopper of
this year’s holiday season can become a valued loyal customer
in the future. To establish and maintain that relationship, you
likely need to collect and process personal information—such as
names, email addresses, payment information, phone numbers,
shipping addresses, preferences, and purchase histories.
The processing of personal information
associated with U.S. consumers is
subject to an increasingly complex
patchwork of state privacy laws.
There are currently four states with
comprehensive privacy laws—California,
Colorado, Connecticut, and Virginia.
And by January 1, 2025, there will be
at least four more . And some states
(e.g., Washington) have adopted
consumer health privacy laws that
de昀椀ne “consumer health data” broadly
enough to encompass data that retailers
may collect in the ordinary course of
business—such as biometric information
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Retail and Fashion Holiday Guide 2023
and precise location information that
could reveal an individual’s attempt to
acquire or receive health services.
Therefore, while retailers and other
consumer-facing brands may be focused
on engaging with and ful昀椀lling their
transactions with consumers, they may
well bene昀椀t from taking the time to
assess how they can address compliance
obligations under the patchwork
of U.S. state privacy laws, such as
notices, consents, and consumer
rights processes.
