InfoLawGroup partner David Pruitt was interviewed for a recent edition of the Cybersecurity Law Report discussing the implications of Nevada’s new privacy law. (Note, a subscription or free trial registration is required to access the full article.) See, Implications of Nevada’s New Privacy Law.

As we reported in a previous blog post, Nevada’s new privacy law requires certain website operators to provide Nevada consumers with a right to opt-out of the sale of their information. The law is effective October 1, 2019. The CLR article quoted Pruitt on various aspects of the new law, including its definition of “sale,” strategies for reconciling compliance with Nevada and California law and the application to information collected online vs. offline. In particular, the article noted Pruitt’s caution around potential ambiguity in Nevada’s definition of sale. While the definition of sale provides a seemingly broad carve out for data transfers where the recipient will not further sell or license the data, Pruitt stated: “[t]he term ‘license’ – which is undefined – could apply to many situations where that recipient is providing access to that data to third-party vendors or other parties even without any monetary compensation involved. Therefore, companies that want to rely on this exception should examine contracts that involve transfer of personal data for monetary consideration and ensure recipients are prohibited from further selling and licensing that personal data.”