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Cookies Consent

Burr & Forman

That’s the Way the Cookie Crumbles

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Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

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Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

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

Greenberg Glusker LLP

Best Practices for Apps & Websites to Avoid Claims Under the California Invasion of Privacy Act (CIPA)

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Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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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

Osano

[Webinar] Universal consent: Building beyond cookie consent - March 26th, 10:00 am - 11:00 am PST

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In this webinar, we will discuss the rising importance of first-party and zero-party data and how universal consent helps organizations solve the bottlenecks, challenges and heartaches associated with the evolution of data...more

Sheppard Mullin Richter & Hampton LLP

UK ICO Uses AI In Cookie Banner Review

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more

Osano

Cookie Management Strategies to Gain Efficiency

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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

McDermott Will & Emery

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

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Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more

Hogan Lovells

New guidance on analytic cookies in Spain – is consent always required?

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The Spanish Data Protection Agency (SDPA) has published a brief guidance on the use of cookies (or similar technologies) as audience measurement tools (the “Guidance”). In the framework of the Guidance, the SDPA  clarifies...more

Osano

What Is Cookie Governance and How Do You Do It?

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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

BCLP

EDPB Explains EU EPrivacy Cookie Rules Apply to Emerging Online Tracking Tools - New Recipes, Same Flavour?

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On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

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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

Osano

What Is Universal Consent Management?

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Just when you thought you had a handle on your organization’s compliance requirements, a new buzzword falls in your lap: universal consent management.   Don’t worry; we’ll cover all the basics of universal consent management...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

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The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

K&L Gates LLP

Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

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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

Eversheds Sutherland (US) LLP

Updata: Your quarterly privacy & cybersecurity update - January to March 2023

Welcome to the latest edition of Updata! Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity...more

BCLP

Data Protection Reform - Will the UK Score its Burden-Reducing Goals?

BCLP on

On 8 March 2023, the newly-created Department for Science, Innovation and Technology (“DSIT”) introduced the UK government’s updated proposals for data protection reform in the shape of the Data Protection and Digital...more

Benesch

The UK Moves to Reform the UK GDPR Aims to be Both Business Friendly and Adequate in the Eyes of the EU

Benesch on

While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

BCLP on

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

Houston Harbaugh, P.C.

The United States Court of Appeals for the Third Circuit Expands the Application of the Pennsylvania Wiretap Act.

Houston Harbaugh, P.C. on

On August 16, 2022, in Popa v. Harriet Carter Gifts, Inc., the United States Court of Appeals for the Third Circuit held that using web analytics to track visitors actions on websites could violate the Pennsylvania...more

Eversheds Sutherland (US) LLP

Privacy litigation trend: Session replay software targeted under state anti-wiretapping statutes

Recently, US companies are experiencing a surging wave of consumer class action lawsuits alleging businesses and their software providers are violating state anti-wiretapping statutes and invading consumers’ privacy rights...more

Fox Rothschild LLP

CJEU Advocate General Issues Opinion on Meta vs. the German Bundeskartellamt

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What does the Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case of Meta vs. the German Bundeskartellamt tell us regarding the scope of what constitutes “sensitive information,” “contractual...more

Saul Ewing LLP

The Third Circuit Weighs in on Whether Website Tracking Violates Pennsylvania’s Wiretap Act

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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

Benesch

The Cookie Crumbles? EU Advocacy Group Files 226 Complaints Alleging Cookie Consent Violations

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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

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