News & Analysis as of

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

New CA Privacy Disclosure Requirements Clarified By AG

California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain...more

California says you can track online, but you can't hide your tracking

California law will soon require website and mobile app operators to disclose additional information in their privacy policies. Because the law applies to operators of websites and online services (including mobile apps) that...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

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

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

California Enacts First Online Tracking Bill, Expands Breach Notice Requirements

On September 27, California became the first state to enact online tracking legislation, which requires website operators to disclose how they respond to “do not track” signals or other mechanisms that provide consumers a...more

California Enacts Several Pieces of New Privacy Legislation

California is continuing to blaze new trails in the area of online data privacy. Gov. Jerry Brown recently signed into law several new pieces of privacy legislation. The new laws affect all operators of commercial Web sites...more

California Internet Privacy Bill Signed by Governor, Effective Jan. 1

On Friday, September 27, 2013, California Governor Edmund G. Brown signed Assembly Bill 370, a bill that amends the Business & Professions Code § 22575 to require an operator of a commercial Internet website or online service...more

California Enacts Law Requiring "Do Not Track" Disclosures

California, which has historically been at the forefront of consumer online privacy, has once again stepped ahead of other states and the federal government, enacting an amendment to the state's current online privacy law,...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

California Update: What Can Brown Do for You? What You Need to Know About the Two Data Privacy Bills Headed to the Desk of...

Two data privacy bills, Assembly Bill 370 and Senate Bill 568 have been sent to California Governor Jerry Brown for signature. As we previously reported, A.B. 370 would require commercial websites or online services that...more

California “Do Not Track” Bill Stays on Track

As we predicted, the California Senate has approved A.B. 370, a bill that would require commercial websites or online services that collect personally identifiable information to disclose how that site or service responds to...more

Honoring Do-Not-Track Browser Signals

We’re all familiar with the ads that pop up on the side of our browsers, personalized to highlight things we might be interested in based on our web browsing activity....more

Summer Break is Over for California Senate, Which May Mean New “Do Not Track” Disclosure Requirements for You

What did you do over your summer vacation? Yes, the sad truth is that summer is almost over. You can tell because there wasn’t a single superhero movie that opened at the box office last weekend (no, Smurfs2 does not count)...more

Advertising Law - Aug 01, 2013

DNT Standard Remains Elusive - The struggle to set a standard for a Do Not Track program continues. Two years into the process, the Tracking Protection Working Group of the World Wide Web Consortium has failed...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

An Uncertain Future For Do Not Track

On Tuesday, July 16, 2013 the Tracking Protection Working Group of the World Wide Web Consortium (W3C) rejected a proposal put forward by the Digital Advertising Alliance (DAA) to reframe the activity covered by Do Not Track...more

Advertising Law -- May 09, 2013

Harsh Criticism for Ad Industry Over DNT - The advertising industry faced harsh criticism at a hearing held by Sen. Jay Rockefeller (D-W.V.). He addressed the implementation of a federal Do Not Track program and...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

Advertising Law -- Feb 15, 2013

In This Issue: The FTC and the Mobile Ecosystem: Enforcement Action, Report, and Educational Materials Released; Size Really Does Matter – At Least for Subway Sandwiches; Will Maryland Be the Next California?; CARU...more

The FTC Mobile Privacy Staff Report

As reported here, the FTC earlier this month released a staff report on mobile privacy. The report, Mobile Privacy Disclosures: Building Trust Through Transparency, provides privacy practice recommendations to firms operating...more

Taming the Wild West: FTC Report Urges Mobile App Industry to Adopt Strong Privacy Measures

App providers and developers are in the hot seat again. On the same day that the FTC fined the social networking app Path $800,000 over allegations that it collected personal information without obtaining consumers’ consent,...more

The FTC and California’s Attorney General Recommend Detailed New Privacy Practices and Disclosures for Entities Operating in the...

The Federal Trade Commission (FTC) and California Attorney General’s office each recently issued detailed guidance for providers of mobile platforms, apps, ad networks, and their trade associations....more

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