Virginia’s influential, pro-business privacy model; and Amex’s co-branding deals face Dutch scrutiny

MLex Market Insight

News

4.9 • 9 Ratings

🗓️ 25 March 2022

⏱️ 20 minutes

🔗️ Recording | iTunes | RSS

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Summary

With privacy laws now being considered by lawmakers in many of the US’s 50 states, Virginia appears to have become the leading alternative to California — that is, Virginia’s business-friendly privacy laws offering a model in stark contrast with California’s stricter approach to enforcement. Now, the Virginia Consumer Data Protection Act is becoming a blueprint for other state-based privacy legislation, with Utah the most recent jurisdiction to follow the Virginian lead. Also on today’s podcast: Fees charged by credit-card companies are back in the news in Europe. Why the Netherlands’ highest court is reviewing Amex’s co-branding deals and questioning whether they too should be subject to an EU-wide cap on credit-card fees.

Transcript

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0:00.0	Hi there, it's great to be with you again. This is Emlex's weekly podcast covering the top
0:15.4	regulatory stories of the moment with our team of reporters, happily ensconced in all significant jurisdictions around the world.
0:23.8	I'm James Panicki from Emlex's Asia Pacific team and we appreciate you taking the time to listen.
0:30.4	Now in just under 10 minutes time we'll be ferreting around in your wallets for a frank discussion
0:35.7	about the fees being charged by credit card companies.
0:40.0	M-Mex has revealed some interesting developments relating to Amex and co-branded cards,
0:45.7	and we'll give you the lowdown on that story with the help of Lewis Crofts.
0:50.2	First up, though, the Virginian privacy model.
0:53.0	That's right, the Old Dominion State's business-friendly
0:55.9	approach to data privacy laws is winning at admirers around the Federation, as some state
1:02.5	lawmakers push back at what they see as the overreach of the more consumer-focused California
1:08.7	model. Our senior reporter in San Francisco, Amy Miller, has written about the state-based
1:14.1	scramble to get privacy laws enacted in the absence of federal legislation, and she joins
1:20.3	us right now.
1:21.6	So, Amy, let's firstly remind listeners outside the. of where things stand on this front federally.
1:30.8	What are the chances of privacy legislation getting through the U.S. Congress anytime soon?
1:37.0	This year, the chances are slim to none, with midterm elections coming up and other legislative
1:43.4	priorities like choosing the next
1:45.4	Supreme Court justice, the onset of campaign season. And it's predicted that Republicans are
1:52.2	going to capture at least one congressional chamber, which means they really aren't ready to
1:56.3	compromise right now. So it's not much negotiation going on right now. Okay, so that means that national
2:02.4	legislation is off the table, but does it mean that U.S. states are now continuing to move forward
	...

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