To be or not to be: a de facto consent-based framework in the U.S.?

This opt-out framework notably differs from other jurisdictions, such as the European Union or Brazil, that maintain federal data privacy laws that require controllers to have a legitimate basis to lawfully process personal data or otherwise obtain consent.

Although data privacy laws may not expressly require controllers to obtain consent in the United States, trends around increasing scrutiny and liability associated with consumer privacy have the potential to shift the industry to a de facto consent-based privacy framework.

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