CF on Cyber: An Update on the Changes to the Florida Telemarketing Act
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Telecommunication Consumer Protection Act (TCPA): Update and Practical Guidance
As AI Technology Gains Popularity, Legislation Follows in Illinois - Employment Law This Week® - Trending News
BakerHostetler Partner Alan Friel Talks Big Data and Data Collection
The TCPA: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies
In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more
Litigation over tracking tools, such as cookies and pixels, has become commonplace over the past few years. In general, plaintiffs’ claims revolve around the collection and sharing of data through session replay and/or...more
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
The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...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
Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil vom 28. Mai 2020 (Cookie-Einwilligung II-Urteil) darüber entschieden, welche Anforderungen die an Einwilligungen von Website-Nutzern in den Einsatz von Cookies zu...more
Last year towards the end of May, a barrage of emails and pop-ups informed online users about how companies use cookies – small bits of software that track website activity – in accordance with a requirement under the...more
The Spanish supervisory authority agencia española protección datos (“Supervisory Authority”) has issued a fine against an airline based on their use of a cookie banner, which the Supervisory Authority considered not to be...more
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
The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more
On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more
The Situation: The European Union's General Data Protection Regulation ("GDPR") has been effective since May 2018 and has resulted in increased requirements for obtaining consent for the processing of personal data. However,...more
French Data Protection Authority Issues Guidelines on Cookie Use - CNIL, France’s data protection authority, has released new rulesfor obtaining consumer consent under the GDPR for companies using cookies and other tracking...more
Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more
Cookies are files of information which a provider of an online service, such as a website operator, can store on a user’s device. On subsequent visits, the website can access information stored in the cookies to tailor the...more
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
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
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
Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more
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
Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more
The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more
As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more