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Behavioral Advertising Retailers

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Do retailers that use third party behavioral advertising cookies deploy cookie notices?

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Three quarters of retailers that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 25% of retailers that do deploy a cookie notice are split in...more

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Do most retailers take the position that the use of third party behavioral advertising cookies is, or is not, the “sale” of...

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Retailers are divided about whether the use of third party behavioral advertising cookies do, or do not, constitute the sale of personal information. One in four retailers (28%) utilize behavioral advertising cookies and take...more

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Do most retailers use third party behavioral advertising cookies?

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Yes. As the following chart indicates, there is a wide disparity between the quantity of third party behavioral advertising cookies used by retailers...more

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What percentage of United States retailers configure their cookie notice to respond differently to visitors with European IP...

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5% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...more

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Retailers Should Consider Whether Behavioral Advertising Is Sale of Information Under CCPA

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The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

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Disclose and Follow Standards for Collection and Sharing of Customers’ Online Behavioral Data

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Many retailers engage in behavioral advertising, which refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two...more

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