Category: Computer and Software Law

ADA Website Compliance – Is Your Business Up to Date?

June 9, 2022  |  Tyler W. Eubank

By Tyler Eubank and Sara Engemann The Americans with Disabilities act, signed into law in 1990, could not have possibly predicted the magnitude with which the internet would impact the daily lives of Americans. What once could only be accomplished in a brick-and-mortar location, like seeing a doctor or grocery shopping, can now be done completely online and from anywhere in the world. As a website could be considered a “public accommodation” under the ADA, the accessibility of websites is a new frontier in ADA litigation. For the time being, courts disagree about the standards under the ADA, with some circuits requiring stricter standards than others. As a result, the rules may differ from state to state or jurisdiction to jurisdiction. Under certain standards, an accessible website: (1) does not include flashing graphics that could induce seizures, (2) includes text descriptions of all images so that the images can be described by a screen reader, and (3) allows the site to be navigated via keyboard alone, allowing users that cannot grip or operate a mouse to access the site, to name a few. The ADA has already bred “drive-by ADA lawsuits” where a business receives an ADA complaint and then a nearly instant demand for payment of attorney’s fees related to the alleged…

Read More

Do business in Texas? New rules for data breach!

July 16, 2019  |  Carole Clark Isakson

California enacted the most comprehensive data privacy laws in the US – it goes into effect on January 1, 2020 (see The California Consumer Privacy Act recent blog post). In the meantime, other states are following suit. If you do business with individuals or companies outside Minnesota, make sure you are keeping up to speed with these new laws! Texas has amended the laws that apply to data breaches, this change applies on January 1, 2020. What is a data breach? Well, it can be slightly different from state to state, which is part of the challenge. In Texas, the law concerns sensitive personal information, which is defined as 1) an individual’s first name or first initial and last name in combination with SSN, driver’s license number or other specific account numbers that could permit access to an account and 2) which information is not encrypted. Disclosure of this information to someone that is not authorized to have it is a security breach, it’s that simple. And what happens then? Give notice to the affected persons within 60 days of discovery, and take other steps required by law (and good business practices). Texas has joined a growing group of states (roughly 30) that require that in the event of a data breach the…

Read More

The California Consumer Privacy Act – Be Prepared

July 8, 2019  |  Carole Clark Isakson

DOES IT APPLY TO YOU? Do you do business in California, or otherwise collect personal information from California residents? (Hint, if you operate a website, this likely applies to you). Note that the CCPA does not apply to non-profits. It has been a year since California passed the most comprehensive data privacy laws in the U.S., and those laws go into effect in January of 2020. Is your business ready for this??? Many have been waiting for amendments to pass, but as this hasn’t happened yet (and may not for many months) the time has come to make sure your business is in compliance. Even if it applies to you, the CCPA has some important exceptions, designed to keep small businesses exempt from what can be pretty significant compliance requirements. CCPA only applies to businesses that fall into one of these three categories: 1. Buys, sells or shares personal information of 50,000 consumers [or devices]; or 2. Has gross revenue in excess of $25 million; or 3. Derives 50{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} of its annual revenue from sharing personal information Under the law a California “consumer” has the right to: (1) request access and details about the personal information that has been collected about him or her over the last year; (2) request that this data…

Read More