As 2026 approaches, the landscape for privacy and cybersecurity laws is set to present significant challenges for businesses. The rapid evolution of these laws has already made compliance difficult for many organizations, with a growing number struggling to determine which regulations apply to them. The rise of artificial intelligence (AI) further complicates this issue, introducing new data privacy concerns and increasing third-party risks.
The Department of Justice (DoJ) has made strides in updating laws, including the announcement of a new Data Security Program in 2025, the Federal Trade Commission’s revisions to the Children's Online Privacy Protection Act, and proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) security rule by the US Department of Health and Human Services. These updates highlight the evolving regulatory environment and the compliance challenges organizations face as they adapt to new requirements.
Looking ahead to 2026, companies will likely find compliance to be a substantial undertaking, especially as many are still working to align with laws that emerged in 2025. Experts identify three primary legal concerns for US clients: minimum age requirements for apps, expanded data privacy regulations, and AI-related regulations in human resources.
What's on the Docket for 2026?
Minimum age signal laws for applications are a pressing issue, with state regulations mandating that app stores like Google and Apple verify users' ages during downloads and purchases. Recent legal developments include a temporary block on a Texas Senate bill set to take effect on January 1, and a Louisiana law that was struck down by the state supreme court, with an appeal in process. Meanwhile, Utah implemented a similar law in mid-2025.
Despite the legal uncertainties, companies are proactively addressing these challenges, as major players like Apple and Google have released API documentation that developers must follow. The documentation places additional responsibility on developers to restrict access to content for users under the age of 13, thereby complicating compliance efforts.
Companies are also navigating the implications of the California Consumer Privacy Act (CCPA), which will introduce mandatory cyber-risk audits and stricter requirements for handling sensitive information starting next year. Preparation for these changes is deemed essential, as the regulatory burden continues to grow.
AI Regulations in Human Resources
Another focus area for companies in 2026 will be the regulation of AI in the workplace. As businesses increasingly rely on AI for tasks like resume screening, concerns regarding discrimination and bias have emerged. States are beginning to take action, with Illinois passing a law that amends its Human Rights Act to address these issues.
Organizations must be aware of the implications of AI use in hiring and promotion decisions. The rapid adoption of AI technologies necessitates that companies stay informed about legal developments and adjust their practices accordingly.
Federal and State Compliance Challenges
The federal landscape for cybersecurity and privacy regulations remains uncertain, with predictions for 2026 suggesting a continuation of the current trend. Legal experts note that the administration's approach has been inconsistent, which complicates compliance for organizations. The focus on harmonizing regulations has diminished, leaving many companies to navigate a patchwork of state laws.
As state attorneys general step into roles that may fill the void left by federal enforcement, companies are likely to face increased scrutiny at the state level. This situation creates a complex compliance environment, as organizations must ensure adherence to varying state laws while also preparing for potential federal regulations.
The Importance of Staying Informed
As businesses prepare for 2026, the challenge of understanding and complying with a myriad of privacy and cybersecurity laws persists. Legal experts emphasize that no organization can claim to be 100% compliant given the ever-evolving nature of regulations. Companies are encouraged to focus on managing the most significant risks and staying informed about new developments in legislation.
Ultimately, the key takeaway for enterprises is to remain vigilant and proactive in their compliance efforts. By prioritizing major regulatory changes and adapting to the dynamic legal landscape, organizations can better position themselves to navigate the challenges of privacy and cybersecurity laws in the coming year.
Source: Dark Reading News