News & Analysis as of

Cookies Consent Web Tracking

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

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

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

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?

BCLP on

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

Amundsen Davis LLC on

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

K&L Gates LLP

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

K&L Gates LLP on

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

Davis Wright Tremaine LLP

Challenges to Google's Collection of Web Browsing Data Survive Motion to Dismiss

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

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

Holland & Knight LLP on

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

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

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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

Alston & Bird

French CNIL Launches Public Consultation on Cookie Consent Recommendations

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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

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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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

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | November 2019

EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more

BCLP

New CNIL Guidelines on Cookies and Tracking Devices

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The French Data Protection Authority (“Commission nationale de l'informatique et des libertés” - CNIL), the independent French administrative regulatory body whose mission is to ensure that data privacy law is respected, has...more

Hogan Lovells

Cookie consent – What “good” compliance looks like according to the ICO

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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

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