Five U.S. states will enact new privacy laws in 2023 which may have a significant impact on companies which operate in each respective state. California will be amending an existing law, while Colorado, Connecticut, Utah and Virginia will be introducing new laws. As these laws will also effect companies located outside of the respective states, ensuring compliance will prevent businesses from incurring sizeable fines or sanctions. Maintaining proper compliance may also be a challenge due to key differences in how each state regulator will enforce these laws. Navigating the variance in each statute could drastically alter how a company manages data collection and privacy. Companies will need to dedicate the necessary attention and resources to updating how they protect the data they collect as they prepare for these new laws to take effect.
The article, “Navigating Different Obligations of State Privacy Statutes Next Year,” highlights the changes to privacy statutes in 2023, was originally published in the Rochester Business Journal and can be found in its entirety on the Phillips Lytle website.

On December 22, 2021, the Austrian Data Protection Authority (DSB) found that medical news company, NetDoktor, violated Europe’s General Data Protection Regulation (GDPR) by using Google LLC’s popular data analytics platform, Google Analytics (GA), on its website, which resulted in the transfer of personal information from Europe to Google’s servers located in the United States (U.S.).1 Such transfers are generally prohibited unless an adequate level of data protection exists pursuant to Article 44 of the GDPR, including through European Commission-approved standard contractual clauses (SCCs).
The Schrems II decision, issued on July 16, 2020, continues to impact the ability of organizations to transfer personal data from the European Economic Area to the United States. The effects of the decision are now felt in Switzerland as the Federal Data Protection and Information Commissioner (FDPIC) addressed the issue on September 8, 2020. The FDPIC determined that the Swiss-U.S. Privacy Shield, which is separate and distinct from the EU-U.S. Privacy Shield and was not directly addressed by the Schrems II decision, nonetheless fails to provide an adequate level of protection for personal data transferred from Switzerland to the United States.
On September 3, 2020, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) held a meeting to discuss the Schrems II decision and the future of personal data transfers between the European Economic Area (EEA) and the U.S.
On September 7, 2020, the European Data Protection Board (EDPB) issued draft guidelines clarifying the concepts of “controller,” “joint controller,” “processor” and “third party” under the General Data Protection Regulation (GDPR). These concepts are important under the GDPR, as they determine which party is responsible for compliance with particular GDPR provisions and how data subjects can exercise their rights. The guidelines, when finalized, will replace the previous Article 29 Working Party Opinion issued in 2010.
U.S. Department of Commerce and European Commission Release Joint Press Statement
The General Data Protection Regulation (GDPR), Europe’s restrictive data protection law, permits the transfer of personal data from the European Economic Area