News & Analysis as of October 18, 2024

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

GDPR – Company Fined for Improper Data Collection

Barnea Jaffa Lande & Co. on 3/27/2024

The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more

Privacy Points 2024: Recap and What to Watch For in 2024

Benesch on 1/18/2024

Last year proved to be a big year in data protection with U.S. state data protection laws popping up across the country, the FTC updating its guidance and regulations on everything from data breaches and biometric...more

Why Your Website Needs A Privacy Policy

Dunlap Bennett & Ludwig PLLC on 9/28/2023

In this day and age, data privacy is a hot topic. Many Americans believe their personal data is less secure now than ever and that data collection poses more risks than benefits. For this reason, among others, businesses must...more

CNIL Fines Health Website for Unlawful Data Processing

Latham & Watkins LLP on 6/12/2023

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

European Digital Compliance: Key Digital Regulation & Compliance Developments - March 2023

Morrison & Foerster LLP on 4/6/2023

To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more

Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

Foley Hoag LLP - Security, Privacy and the... on 1/27/2023

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

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

Fox Rothschild LLP on 9/23/2022

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

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

Benesch on 8/26/2022

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

Belgian Supervisory Authority Sanctions News Media Company for Violating Cookie Rules

Alston & Bird on 5/31/2022

On May 25th, the Belgian Supervisory Authority (“GBA”) announced that it had imposed a fine of EUR 50,000 on a Belgium-based news media company for using cookies on its websites without complying with applicable cookie law...more

Record €210 Million in Fines for Breach of Cookies and Website Tracking Rules—Note e-Privacy Directive, Not Just GDPR

Pillsbury Winthrop Shaw Pittman LLP on 1/10/2022

France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more

Privacy Group Launches Cookie Complaints Campaign Against EU Website Operators Based on Its Interpretation of Cookie Rules

Latham & Watkins LLP on 6/7/2021

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

NOYB goes to war on the cookie banner terror

Hogan Lovells on 6/3/2021

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

[Webinar] Mitigating Risk Exposure Under Evolving Global Cookies Regulations - May 19th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on 5/10/2021

The regulation of cookies and similar tracking technologies is rapidly evolving, not only in the European Union and United Kingdom but also in the United States and globally. If you have visited a website recently, you might...more

English High Court Examines Extent of GDPR's Extraterritorial Jurisdiction

K&L Gates LLP on 3/5/2021

When the General Data Protection Regulation (GDPR) came into force throughout the European Union nearly three years ago, one of its most eye-catching features was its extraterritorial jurisdiction provisions. These extend the...more

[Webinar] CCPA / CPRA for US and EU businesses: Deep dive on CCPA's impact on European Businesses: A webinar for German and...

Spirit Legal on 12/1/2020

CCPA / CPRA for US and EU businesses - Deep dive on CCPA's impact on European Businesses: A webinar for German and European businesses. Main Topics - Is my business affected by CCPA and why? - I am already GDPR...more

CJEU: Website operators are "jointly responsible" for embedding social media or 3rd party code

Spirit Legal on 10/14/2020

Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more

How to Rise from the Privacy Shield Ashes: A View from the U.S.

Sheppard Mullin Richter & Hampton LLP on 7/29/2020

U.S. companies are in a bind in the wake of the recent EU decision rejecting the validity of the Privacy Shield. While it is clear that the EU will not accept Privacy Shield participation as a basis for transferring data from...more

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

Epiq on 1/21/2020

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

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

Neal, Gerber & Eisenberg LLP on 10/9/2019

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...more

Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling

Ballard Spahr LLP on 10/3/2019

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still...more

ECJ Issues First Cookie Decision After GDPR

BCLP on 10/3/2019

On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

Like Incorporating Facebook into your Website? EU Decision Raises New Issues

Brooks Pierce on 8/25/2019

A ruling by the highest court in the European Union regarding the common practice of putting a Facebook “Like” button on a website could have repercussions for American companies doing business overseas. In late July, the...more

GDPR Privacy FAQs: If a website participates in behavioral advertising, does the GDPR require that it disclose that it is...

BCLP on 8/7/2019

No. The requirement to disclose “sales” of “personal information” to consumers is derived from the California Consumer Privacy Act (the “CCPA”), not European data privacy law....more

ECJ Rules Companies Using Social Plugins Are Joint Controllers

Jones Day on 8/5/2019

The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

The CNIL Sharpens Requirements on Deployment of Tracking Technologies

Wilson Sonsini Goodrich & Rosati on 7/31/2019

On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below). The guidance clarifies the instances in...more

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