Data Protection and Privacy 2026

USA Trends and Developments Contributed by: Paul Lanois, Fieldfisher

Conclusion The US data privacy and cybersecurity landscape continues to evolve in ways that are both expansive and increasingly complex, as we have seen through - out the year 2025. The absence of a comprehensive federal privacy law has further entrenched a frag - mented, state‑driven regulatory regime, while enforce - ment authorities have shown a clear willingness to pursue significant penalties and require meaningful operational change. At the same time, national secu - rity considerations, children’s privacy, and the rapid deployment of AI have emerged as central regulatory priorities, reshaping expectations around data gov - ernance, risk management and accountability.

For organisations operating in or targeting the US market, these developments underscore the need for proactive, well‑resourced compliance strategies. This includes carefully mapping data flows, reassess - ing vendor and cross-border transfer arrangements, embedding privacy and cybersecurity by design, and ensuring that internal processes can withstand heightened regulatory scrutiny. Businesses that invest in robust, adaptable compliance programmes will be best positioned not only to manage risk, but also to build trust and resilience in an increasingly demanding regulatory environment.

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