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Episode 17 — Negligence and UDAP: Unfair and Deceptive Acts in Enforcement

Author
Jason Edwards
Published
Mon 08 Sep 2025
Episode Link
https://share.transistor.fm/s/fc2920cb

Negligence and unfair or deceptive acts and practices (UDAP) are core theories of liability in privacy enforcement. This episode explains how negligence involves failure to meet a standard of reasonable care, such as not securing personal data. UDAP, meanwhile, captures misrepresentations or omissions in consumer-facing statements, even if no breach has occurred. Together, these frameworks give regulators and courts powerful tools to hold organizations accountable.

We’ll review high-profile enforcement actions and settlements that illustrate how negligence and UDAP apply in practice. By mastering these concepts, you’ll gain insight into how regulators frame cases and why organizations prioritize clear disclosures and robust safeguards. Produced by BareMetalCyber.com

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