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NEW YORK CITY INTRODUCES CITY-LEVEL PRIVACY LEGISLATION REGULATING DELIVERY APPS’ COLLECTION OF CUSTOMER DATA

On July 29, 2021, the New York City Council passed Int. No. 2311, which amends the city’s Administrative Code to address customer data collected by delivery applications from online orders. The bill became law on August 29 and will come into effect on December 27, 2021.

The amendment introduced city-level privacy legislation. Some of the things it does are:

-Permits restaurants to solicit individual-level customer data from delivery apps, and mandates apps provide the requested information unless the customer has opted out of sharing. Data restaurants may request includes names, telephone numbers, email addresses, delivery addresses, and contents of orders.

-Imposes privacy limitations and requirements, such as sharing limits and provisions of certain customer rights, on restaurants that receive such data from the apps.

-Requires delivery apps to presume that customers have “opted in” to having their data shared.

WHAT DOES THIS MEAN FOR YOU?

This is New York-area legislation, but even for those not in New York, changes in how delivery apps work may be imminent. When using delivery apps, if you’d like to prevent your data from being shared by apps with restaurants, you may have to “opt out” from data sharing. At this time, more information on how the apps will integrate this new legislation on their services is not yet available, but check back on our site for updates on how to safeguard your information once these changes have gone into effect. In the meantime, brush up on your data privacy knowledge here.

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