Fashion, beauty, and wearable technology brands are heading into 2026 with a lot more to think about concerning data privacy. What used to feel like a back-end legal issue is now shaping how companies design products, personalize experiences, and build trust with customers. With new state privacy laws taking effect in Indiana, Kentucky, and Rhode Island, updates to California’s rules, and more changes expected across the country, brands can no longer afford to treat privacy as a simple compliance exercise. For companies, being open and thoughtful about data practices can actually become a real point of differentiation.

The biggest pressure points are clear: biometric data, consumer health and wellness data, children’s privacy, and AI are all facing increased scrutiny this year. For brands using virtual try-on tools, skin analysis, body scanning, wearables, or AI-powered personalization, the compliance stakes are especially high because many of these tools rely on sensitive personal information. At the same time, regulators are paying closer attention to targeted advertising, cookies, and tracking technologies, while class-action lawsuits tied to tools like pixels and similar technologies continue to rise. That means companies need to think carefully not just about what data they collect, but why they collect it, how they disclose it, and whether users are given real, meaningful choices.

The good news is that strong privacy practices can do more than reduce legal risk. They can strengthen brand reputation and deepen consumer loyalty. Companies that invest in privacy by design, clear consent flows, transparent notices, thoughtful AI governance, and stronger controls around children’s and health-related data will be better positioned to keep up with fast-moving laws and consumer expectations. Privacy is not just about compliance; it’s about earning trust in a way customers can see and value. For brands operating in California, that also means ensuring their privacy programs align with the California Consumer Privacy Act’s requirements around notice, consumer rights, and meaningful choices about how personal information is collected, used, and shared.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.