Cookies

News & Analysis as of

2014 Sees The First Fines For Violations Of EU Cookie Laws

Much has been said about the EU "Cookie" laws introduced by an amendment to the Privacy and Electronic Communications Directive in 2011. Companies with European customers (including those in the US) have grappled with the...more

Privacy Class Action – Theories of Liability – 2013 Year in Review

One hot area of data privacy litigation over the past several years has been data breach class actions brought under the California Confidentiality of Medical Information Act (“CMIA”), which provides that a person may recover...more

The Download - November 2013

In this issue: - Senator Markey and Representative Barton Reintroduce Do Not Track Kids Act - House Bipartisan Working Group Continues Discussion on Privacy - Federal Trade Commission Holds Workshop on...more

Social Media, Marketing and Privacy Issues: Tips to Remember

Before launching a social media marketing campaign, consider the following...more

Privacy & Cybersecurity Update - November 2013

In This Issue: - New California Law Gives Minors New Privacy Rights - Obtaining Consent to Use Cookies in the EU – New Guidance Issued - The US-EU Safe Harbor: Not So Safe Anymore? - Excerpt from New...more

New EU Cookie Guidance: Crumbs of comfort or confusion?

As many who have struggled to find a clear way to comply will know, an important change to the EU E-Privacy Directive (implemented by many EU states late 2011/2012) meant that, in summary, websites which...more

Article 29 Working Party Provides Guidance on Obtaining Valid Cookie Consent in the EU

This past month, the European Union’s Article 29 Data Protection Working Party (the “Working Party”) issued the Working Document 02/2013 providing new guidance on obtaining consent for cookies (“Working Document”). The...more

Renewed Focus on European Cookie Laws

We have reported previously in our Duane Morris Alerts about the progress with new cookie laws across Europe. The laws were introduced following a European Union Directive [the E-Privacy Directive (2009/136/EC)] at the end of...more

European Data Protection Regulators Issue Further Guidance on How to Obtain Cookie Consent

Introduction - In early October 2013, the body of European data protection regulators (Article 29 Working Party or WP29) issued a working document providing further guidance on obtaining consent in compliance with the...more

European Parliament Adopts Compromise Amendments on Data Protection Regulation

Introduction - On October 21, 2013, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE Committee) held its long-awaited vote and adopted compromise amendments that would modify the...more

EU Working Group Advises Companies On Obtaining Consent For Cookies

On October 8, the EU’s Article 29 Data Protection Working Party, which represents all 28 data protection authorities of the EU countries, released a document to provide guidance to website operators for obtaining consent for...more

Google is No Cookie Monster, says Delaware Federal Court

In a decisive victory for Google and several co-defendants, a Delaware federal court dismissed the claims of a putative class of individuals who alleged that they were injured by Google’s practice of circumventing certain...more

Delaware Federal Court Holds No Harm From Third-Party Cookies’ Collection Of Personal Information, Dismisses Broad Consumer...

On October 9, the U.S. District Court for the District of Delaware dismissed a broad, consolidated action against an Internet company alleged to have circumvented an Internet browser’s cookie blocker to collect personally...more

Update: Google Not Going Down Without a Fight

Google is seeking further review in two cases we wrote about last week on alleged Wiretap Act violations. In the Gmail case, where Google was charged with improperly reviewing subscribers’ emails, Google asked Judge Koh to...more

Top fashion legal topics – #5 Fashion and online retail

We dedicated this week to fashion and IPT (intellectual property and technology) issues. After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion this IPT...more

Poland - Cookies Served on a Tray. New Regulations on the Use of Cookie Files

Regulations in Poland relating to entities providing services electronically (meaning practically all entities running Internet websites) have been amended. These changes derive from the new provisions of the EU law, in...more

Mexico's New Privacy Notice Guidelines Require Immediate Action

On April 17, 2013, Mexico's new Privacy Notice Guidelines will go into effect. The Guidelines impose extensive requirements for furnishing adequate data privacy notices and obtaining consent before personal data is collected...more

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

FTC Final Order Prohibits Epic Marketplace From "History Sniffing"

The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to...more

IP/IT & Media Newsletter - Issue 1/2013

In this issue: - Cookies, Clouds and Other Challenges – Retrospect and Prospect in Data Protection - Employee Data Protection – What’s Down the Road? - German Federal Supreme Court Decides Another...more

Advertising Law - Mar 15, 2013

In This Issue: SPECIAL FOCUS: FTC Releases Updated Guidance for Digital Marketers; Less Dry or Moisturized? NAD Decides; FTC Targets Lack of Security on Mobile Device's Software; Apple, Parents Reach Deal on In-App...more

Cookie Monster

When it comes to venue, cookie cases are anything but cookie-cutter - Marketers have an insatiable interest to know more about their customers, and the “cookies” they plant in those customers’ computers reveal much of...more

UK Cookie Enforcement Report: Relevant to Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

UK Cookie Enforcement Report: Relevant To Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

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