News & Analysis as of

Why Worry About a Little Skimmer?

Merchants—rightfully so—are worried about securing their payment card environments so that their name does not appear in a headline discussing how millions of cards were stolen from them. Faced with the challenge of...more

Trending Information: The Connection Between Data Brokers and the Fashion Industry

Consumers frequently reveal personal information about themselves through a variety of daily online and offline activities. For fashion designers and retailers, this consumer information represents a valuable tool to...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

The Online Marketer’s Guide To Privacy

I’ve hesitated to write this post because the law is always changing and you can’t cover it all in one blog post (thank goodness for linking). I did a presentation to the Houston Interactive Marketing Association this week...more

Consumer Data Privacy Update for Marketers, Part 1: Children’s Online Privacy Protection Act Amendments

New technologies enable marketers to collect and analyze more — and more specific— data than ever before. Marketers can track consumers across the internet and mobile applications, and can deliver advertising based on...more

New California Law Impacts Use of Information from Minors, Offers Right to Delete

On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation...more

Advertising Law -- Sep 26, 2013

Julia Child Foundation Whips Up Lawsuit Against Williams-Sonoma - Williams-Sonoma illegally used the name and likeness of the late Julia Child more than 100 times in advertising, marketing, and promotional materials...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

New Self-Regulatory Rules For Mobile Apps: What Your Company Needs To Know

Even as efforts to achieve industry-wide consensus on Do Not Track appear to be stalling, self-regulatory associations are forging ahead with their own rules governing online and mobile data collection....more

Retailers Beware: Common Credit Card and Marketing Data Collection Practices Could Violate Law

Already home to one of the toughest data protection laws in the country, Massachusetts now joins California in having expansive protections for data exchanged during a credit card transaction....more

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

INTRODUCTION - The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal...more

New Privacy Guidelines for Mobile Apps

Do you and your employees use applications on mobile devices to conduct business? Perhaps your organization offers a mobile app to your clients and customers to enhance your products or services. While the availability and...more

No “Do Overs”: Children, Personal Information and Marketing in Canada

Few dispute that the law should protect the privacy of children. In a recent decision of the Supreme Court of Canada, the court held that the “[r]ecognition of the inherent vulnerability of children has consistent and deep...more

FCC Issues Guidelines for Marketing Mobile Applications

FCC Issues Guidelines for Marketing Mobile Applications by Dan Brecher on October 1, 2012 As the number of smartphones and tablets continues to grow, mobile application development has become a multi-million dollar...more

App Developers Beware: FTC and Congress Are Watching Your Claims, Privacy Issues

All mobile app developers need to know that the federal government is stepping up its regulation of data privacy and truth-in-advertising for mobile apps. The Federal Trade Commission is now actively monitoring mobile...more

FTC Releases Marketing and Privacy Guide for Mobile App Developers

On September 5, 2012, the Federal Trade Commission (FTC) released a guide to help developers of mobile applications (apps) observe truth-in-advertising and fundamental privacy principles when developing, offering, and...more

FTC Releases General Guidelines for Mobile Application Developers

Months after the FTC released its final report titled “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Business and Policymakers,” (which we blogged about), it has followed up on one of its stated...more

FTC Issues Guidance for Mobile App Privacy and Advertising; Signals More Enforcement Coming

On September 5, 2012, the Federal Trade Commission (FTC) published a brief guide to assist developers of mobile applications, both large and small, in complying with truth-in-advertising, privacy, and data security...more

FTC Emphasizes Privacy Protections, Truth in Advertising in Business Guide for Mobile App Developers

On September 5, 2012, the Federal Trade Commission (FTC) released a new Business Guide for mobile application developers, Marketing Your Mobile App: Get it Right from the Start. This guide is intended to help mobile app...more

FTC Issues Guidelines for Mobile App Developers

The Federal Trade Commission has published a guide to help mobile app developers comply with truth-in-advertising standards and basic privacy principles when marketing new mobile apps. The guidance is intended for all mobile...more

FTC to Mobile App Developers: Get Privacy Right from the Start

Mobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies. But, regulators have made it quite clear that the general privacy laws and regulations apply whether the...more

FTC's "Marketing Your Mobile App: Get It Right from the Start"

Full text copy of Marketing Your Mobile App: Get It Right from the Start, the Federal Trade Commission’s guide to advertising and privacy laws for mobile application developers. From the FTC’s...more

FTC Privacy Framework Report – Key Takeaways and Significant Implications for Business From FTC's "Protecting Consumer Privacy in...

On March 26th, the Federal Trade Commission (FTC) released a much-anticipated report reflecting the Commission’s views on what constitutes “best practice” for privacy protection and additional recommendations for future...more

Recent FTC Enforcement Actions Involving Endorsements, Privacy And Security

The Federal Trade Commission announced several enforcement actions in the last year relating to endorsements, privacy and data security. These announcements provide valuable information to companies engaged in these...more

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