Data Revolution: How U.S. Privacy Laws Change the Way Data Should be Managed by Retail and Tech Industries
On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more
The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more
On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more
FBI Seizes Hive Ransomware Servers—Blocks US$130 Million in Demanded Ransoms - On January 26, Attorney General Merrick Garland announced that the Department of Justice dismantled the “Hive” ransomware group, which had...more
When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses. This is especially true for those businesses that find themselves in a sometimes new or often...more
The European Data Protection Board (EDPB) adopted a draft report of the work undertaken by the Cookie Banner Taskforce (the Report). The Report describes how regulators apply cookie legislation in handling certain types of...more
Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements. In early August, the European Union data protection advocacy...more
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
And the cookie continues to crumble. NOYB has filed 422 complaints with ten EU data protection authorities. The move came after it sent written warnings and draft complaints to more than 500 companies on May 31, 2021...more
Die Datenschutzorganisation noyb droht mit über 10.000 Beschwerden wegen möglicher rechtswidriger Verwendung von Cookies. Am 31. Mai 2021 startete die Datenschutzorganisation noyb (die Abkürzung steht für „none of your...more
The legislation updates the Children’s Online Privacy Protection Act (COPPA) by prohibiting internet companies from collecting personal information from anyone 13- to 15-years old without the user’s consent Senators...more
The privacy organisation noyb will file more than 10,000 complaints for use of cookies contrary to its interpretation of compliance. On 31 May 2021, the nonprofit privacy organisation noyb (short for “none of your...more
On 31 May 2020, Max Schrems' organization, NOYB, launched a new campaign aimed at ending what they dramatically refer to as the “cookie banner terror.” The campaign was spearheaded by sending over 560 draft complaints to...more
Yes. Most cookie banners can be classified into one of three general categories: (1) notice only banners, (2) notice + opt-out banners, and (3) notice + opt-in banners....more
42% European supervisory authorities have increasingly taken the position that, pursuant to the GDPR and the ePrivacy Directive, companies should notify visitors if they access or store information in a cookie, or if they...more
On May 4, 2020, the European Data Protection Board (EDPB) adopted updated guidelines on consent under the General Data Protection Regulation (GDPR), in Guidelines 05/2020. The Guidelines clarify existing guidance issued in...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
Likely no. The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent. In order for consent to comply with the...more
Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person. Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more
The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. There is little standardization concerning how cookie banners are deployed. Different...more
Following numerous privacy complaints, the State Office for Data Protection Supervision (BayLDA) recently conducted a random audit on 40 companies and found widespread problems with their cookie disclosures....more