Attorney Rulebook: FTC Privacy and Security Rulemaking

Overview

This course provides a structured examination of how the Federal Trade Commission exercises its rulemaking and enforcement powers in the areas of data privacy, security, and commercial surveillance. Using the FTC's Advance Notice of Proposed Rulemaking on Commercial Surveillance and Data Security as a central case study, participants gain insight into the regulatory process from notice through potential final rule, including the legal and procedural steps involved. The course also addresses relevant case law that may influence how future FTC rules are challenged, interpreted, or applied. For legal advisors and executives navigating compliance obligations, understanding the FTC's trajectory in this space is essential to anticipating regulatory risk.

What you’ll learn

• ✓Explain how the FTC's rulemaking authority applies to data privacy and commercial surveillance under Section 18 of the FTC Act
• ✓Describe the key stages of the Advance Notice of Proposed Rulemaking process and what each stage means for affected organizations
• ✓Identify the primary data security and commercial surveillance practices the FTC has signaled as potential regulatory targets
• ✓Analyze how relevant case law may shape the scope and enforceability of future FTC privacy and security rules
• ✓Recognize practical compliance challenges organizations may face as FTC rulemaking in this area develops
• ✓Assess how evolving FTC regulatory activity should inform organizational privacy governance and legal risk strategy

Curriculum

1. 1. Attorney Rulebook: FTC Privacy and Security Rulemaking

   In this CLE seminar, our expert panelists begin by providing an overview of the FTC, discussing what it is and its enforcement authority, as well as detailing its rulemaking process. Our speakers then review the FTC's Advance Notice on Proposed Rulemaking (ANPR) for a Trade Regulation Rule on Commercial Surveillance and Data Security as a case study of the FTC's privacy and security rulemaking. Our experts conclude by discussing the next steps for the ANPR, potential issues that may arise in its implementation and enforcement, and recent case law that provides guidance on possible outcomes. Topics covered in this webinar: Overview of the Federal Trade Commission ANPR Case Study: Trade Regulation Rule on Commercial Surveillance and Data Security Next Steps and Potential Issues for Im

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