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Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

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Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Womble Bond Dickinson

The Cookies that May Bite Back

Womble Bond Dickinson on

Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Fisher Phillips

Your Third-Party Website Vendors Might Be Exposing Your Business to a New Theory of Liability: 3 Steps You Should Consider Right...

Fisher Phillips on

What do a nearly 60-year-old statute on wiretapping and your website have in common? Enough to potentially impose liability on your organization, according to recent lawsuits. We have seen an astronomical increase in...more

BCLP

What percentage of American companies have started to deploy opt-in consent cookie banners to European website visitors?

BCLP on

21% 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....more

McDermott Will & Emery

Highest German Court rules on Cookie Consent (Planet49)

Although the German parliament has failed to transpose the Cookie Directive into German law, operators of websites must require explicit consent before setting cookies on users’ computers, the German Federal Court of Justice...more

BCLP

What industries utilize cookie banners the most, and the least?

BCLP on

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of opt-in cookie consent banners ignore visitors’ choices?

BCLP on

56.6% The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of websites deploy a simply “notice” cookie banner?

BCLP on

2.8% The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

BCLP

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on

11.6%  The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on

10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

BCLP

What percentage of websites actually deploy a cookie banner?

BCLP on

28% 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. ...more

BCLP

How many websites are using opt-in, opt-out, or deemed consent cookie notices?

BCLP on

The term “cookie notice” or “cookie banner” refers to a banner, splash page, or other notice that deploys on a website to inform visitors that the site uses cookies. While cookie banners are fairly ubiquitous in the European...more

BCLP

Do cookie banners receive different acceptance rates depending upon how many choices are provided to website visitors?

BCLP on

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.  If a company chooses to adopt a cookie banner that...more

BCLP

Does the placement of a cookie banner impact user acceptance rate?

BCLP on

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.  If a company chooses to adopt a cookie banner that...more

White & Case LLP

CJEU: pre-ticked checkboxes for cookies are invalid

White & Case LLP on

The Court of Justice of the EU ("CJEU") has declared that pre-ticked checkboxes cannot be used to gain valid consent from individuals, with respect to the dropping and reading of cookies. This decision further emphasises the...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

BCLP on

Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more

Hogan Lovells

New French Guidelines on Cookies and Trackers

Hogan Lovells on

On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

BakerHostetler

Self-Regulatory Authorities Police Online Ad Industry in Another Sweep

BakerHostetler on

Interest-based advertising (IBA), also known as behavioral advertising, creates profiles of consumers based on their online activities over time and across services, and uses them to send consumers relevant, targeted ads. To...more

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