Navigating Privacy and Cybersecurity Laws in 2026
As businesses prepare for the evolving landscape of privacy and cybersecurity laws in 2026, compliance challenges are set to persist. With the advent of artificial intelligence (AI), organizations are grappling with increased risks related to data privacy and third-party interactions. The complexities of regulation and the introduction of new tools further complicate the compliance landscape.
Recent updates in legislation, including the Department of Justice's new Data Security Program and modifications to the Children's Online Privacy Protection Act (COPPA), reflect the rapidly changing environment. These developments demonstrate the hurdles organizations face in maintaining compliance amidst evolving legal frameworks.
David Saunders, a privacy and cybersecurity partner at McDermott, Will, and Schulte, highlights that the fast pace of change in the regulatory environment makes compliance a daunting task for many organizations. He states, "It's hard to expect compliance from companies when it's constantly changing. At some point, it has a deterrent effect on compliance." This sentiment underscores the challenges that enterprises will face as they navigate the complexities of legal compliance.
What's on the Docket for 2026?
Looking ahead, compliance initiatives will likely represent significant projects for organizations in 2026. Many companies are still working to align with regulations introduced in 2025, such as minimum age requirements for mobile applications, expanded data privacy mandates, and restrictions on AI usage in human resources.
One of the most pressing concerns involves app age verification laws. Recent state regulations require app stores and developers to verify users' ages during downloads and purchases. A federal judge's recent decision to block the Texas Senate bill, known as the App Store Accountability Act, which was set to take effect in January 2026, highlights the contentious nature of these regulations. Similar laws in Louisiana and Utah illustrate the uncertainty that developers face as they scramble to adapt to shifting legal requirements.
Despite the legal challenges, companies are taking proactive steps to adjust to new frameworks, with major platforms like Apple and Google providing API documentation to assist developers in compliance efforts. However, the burden of ensuring compliance with age restrictions for various products remains a significant challenge, particularly as enterprises continue to grapple with the implications of such legislation.
More to Come
The California Consumer Privacy Act (CCPA) is also expected to introduce further compliance challenges. While many requirements are technically in effect, mandatory cyber-risk audits and risk assessments will become obligatory in the coming year. Stricter requirements for sensitive information and consent notices will add to the compliance workload for businesses.
Additionally, the use of AI in human resources, particularly in hiring and promotion decisions, is drawing scrutiny. As businesses increasingly rely on AI for resume screening and candidate assessment, concerns regarding discrimination and bias are becoming paramount. States are beginning to enact laws regulating AI usage in the workplace, with Illinois recently amending its Human Rights Act to address these issues.
Federal and State-Level Expectations
As companies navigate these challenges, they can expect a continuation of state-level enforcement. With federal enforcement potentially diminishing, state attorney general offices are poised to take a more active role in overseeing compliance. Some industry experts predict that significant federal legislation in the privacy or AI sector is unlikely, leaving businesses to contend with a patchwork of state regulations.
In light of these developments, Saunders emphasizes the complexity of compliance across different jurisdictions. He advises organizations to remain vigilant and proactive in monitoring new laws and standards, as achieving total compliance is an unrealistic goal in the current environment.
Ultimately, the landscape for privacy and cybersecurity laws in 2026 will be marked by uncertainty and evolving challenges. Companies must prepare for the unexpected while striving to manage the risks associated with compliance. The key takeaway is to focus on the most impactful regulations and to maintain a flexible approach in adapting to new legal requirements.
Source: Dark Reading News