General Business Privacy Communications & Media

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Balancing the data privacy debate: The benefits of big (and little) data

Comments to the White House's recent request for comments on "big data" and how it affects Americans were due April 4, but even before all the comments have been reviewed, we can be pretty sure that, as usual, most business...more

M&A Technology Due Diligence Update 2014

Technology Risks Have Changed: Know What To Look For - The perfect storm created by the intersection of (on the one hand) the dramatic increase in the business use of cloud computing, open source software, prolific...more

Redbox Covers the Nation with Red Box DVD Rental Units, But its CGL Policy Doesn’t Cover Redbox

Companies facing liability for possible violations of privacy protection statutes are continuing to look to their traditional commercial general liability policies (“CGL”) for coverage. But, as Redbox recently discovered,...more

Online Protection for Children: Delaware following California?

Delaware state representative Darryl Scott recently introduced the Child Online Protection Act (House Bill 261 or the “Bill”), to the state’s House of Representatives. If passed, the Bill would: (1) prohibit the online...more

Settlement on the Horizon in Massachusetts ZIP Code Litigation

A recent proposed settlement in Massachusetts may signal readiness on the part of retailers to end so-called “ZIP code” litigation. In 2011, customers of the arts and crafts retailer Michaels Stores Inc. filed a proposed...more

Illinois Court Holds Junk Fax Claim Not Within Products Coverage

In its recent decision in Windmill Nursing Pavilion v. Cincinnati Ins. Co., 2013 IL. App. (1st) 122431, the Appellate Court of Illinois, First District, had occasion to consider the scope of products-completed operations...more

AB 1149: Expanding state data breach notification rules

California has expanded its data breach notification requirements by adding certain online account information to the definition of "personal information" used to determine whether notification is required under state law. As...more

Guidance on Personal Data Used in Advertising in Germany

German data protection authorities published new guidelines in December 2013 about the collection and processing of personal data for advertising purposes. The 2013 advertising guidelines (available here in German)...more

California's Do Not Track Disclosure Bill

As of January 1, 2014, California law requires operators of websites and online services to publicly disclose how they respond to "do not track" (dnt) signals, though the exact requirements vary depending on whether an entity...more

New Law Requires Certain Vendors to Expand Their Privacy Policies

A recent amendment to the California Online Privacy Protection Act of 2003 (“CalOPPA”) will require certain owners and operators of commercial websites and online service providers to change their posted privacy policies to...more

Redial; Third Circuit Again Rules that TCPA Claims Are Not Covered Under a CGL Policy

On January 9, 2014, the Third Circuit Court of Appeals again held that an insurance policy issued to class action defendants did not provide coverage for a claim brought under the Telephone Consumer Protection Act (TCPA)....more

Amendments to the Law on the Protection of the Rights and Interests of Consumers to Take Effect on March 15, 2014

On Oct. 25, 2013, China's Standing Committee of the National People's Congress (the “NPC’s Standing Committee”) promulgated the Amendments to the Law on the Protections of the Rights and Interests of Consumers (the...more

Advertising Law - December 31, 2013

FTC Shines a Light on Flashlight App’s Geolocation Data Sharing - In the agency’s first action involving geolocation data, Goldenshores Technologies, LLC, settled charges with the Federal Trade Commission that the...more

CLIENT ALERT - Recent Changes to Online Privacy Laws in California

California Online Protection Act - The California Online Protection Act (the “Act”) requires a commercial Internet website or online service to conspicuously post a privacy policy on its website if it collects...more

Socially Aware - Volume 4, Issue 2 - December 2013

In This Issue: Peering Into the Future: Google Glass and the Law; Ownership of Business-Related Social Media Accounts; Two Circuits Address the First Amendment Status of Facebook Activity; Collaborative Consumption –...more

German Court Finds 25 Provisions in Google’s Online Terms of Use and Privacy Policy to Be Unenforceable

In November 2013, the Berlin District Court ruled that all of the 25 provisions in Google’s online terms of use and privacy policy that had been challenged by the German Federation of Consumer Associations (VZBV) are...more

CASL Regulations: At Last

Industry Canada released its final regulations to Canada’s anti-spam legislation (CASL) on December 4, 2013. Bottom line: Canada’s new anti-spam law will take effect on July 1, 2014, and it includes significant...more

Canada Adopts Final Regulations, Announces Expansive Anti-Spam Law Will Start Taking Effect July 1, 2014

Canada’s Department of Industry has published long-awaited Governor in Council regulations and announced key compliance dates necessary to implement Canada’s anti-spam law (CASL), which was enacted almost exactly three years...more

California to Require Website and Online Service Operators to Disclose Treatment of Do Not Track Requests

On September 27, 2013 California A.B. 370 was signed into law. It becomes effective January 1, 2014. This law amends California's online privacy policy law to require that websites and other online services disclose how they...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

Lights, Camera …Action on Your Website Documents

Terms and conditions of use and data privacy policies on websites, applications and other online and mobile services (aka “digital services”) are the subject of much discussion and debate among lawyers and lawmakers and in...more

FTC says app developers must shine more light on how they use data

When your own flashlight is spying on you, something is wrong. That, at any rate, is the Federal Trade Commission’s thinking in a case that illustrates how, in today’s electronic world, privacy concerns can lurk in the most...more

The Clock Is Running - CASL Is Coming – Is Your Company Ready For It?

Canada’s long awaited anti-spam law (CASL) comes into force as of July 1, 2014. CASL takes the approach of forbidding almost all unsolicited commercial electronic messages (CEMs) and generally speaking, requires intended...more

Collection of Email Addresses in Credit Card Transactions May Be Prohibited by California Law

The U.S. District Court for the Eastern District of California has held that the prohibition against requesting or requiring personal identification information in connection with credit card transactions contained in...more

On the Second Day of Privacy, California Gave to Me……

Well, the headlines don’t exactly work with the traditional tune, but blame the editor for that... 2013 was a busy year for California. We passed a budget with a surplus, let Kim and Kanye get engaged in one of our...more

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