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Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...more
In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more
California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more
Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more
Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more
Wouldn’t life be easier if you could just drop whatever cookies you liked onto your website visitors’ browsers? After all, cookies are nothing more than strings of text—you could have your website use dozens of cookies and it...more
Understanding cookies and consent management is an important step to becoming compliant with modern data privacy regulations, but there’s another piece of the puzzle: Cookie governance. Good cookie governance is what...more
Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more
What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...more
What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more
What You Need to Know in a Minute or Less - For most businesses today, a website is a necessary tool for interacting with customers and marketing products and services. Businesses know the importance of understanding how...more
A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third...more
A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more
Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more
It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more
On January 14, 2020, the French data protection authority (CNIL) launched a public consultation on its draft recommendations for the collection of consent in the context of cookies and other tracking technologies (the ‘draft...more
On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more
On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies. The ICO has also changed the cookie control mechanism on its own...more
Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more