News & Analysis as of

Marketing Data Collection

Food & Beverage Litigation Update | September 2017 #2

FDA Seeks Comment on Regulation Changes for "Meaningful Burden Reduction" - Implementing an executive order titled "Reducing Regulation and Controlling Regulatory Costs," the U.S. Food and Drug Administration (FDA) has...more

Privacy Perils: The Price of Consumer Loyalty

by Bass, Berry & Sims PLC on

People love a good discount, which is why almost 75% of adult Americans are signed up for at least one customer loyalty program. We love to rack up points with airlines for a seat upgrade, get a free Starbucks latte on our...more

Privacy Hat Trick: Three New State Laws to Juggle

Nevada, Oregon and New Jersey recently passed laws focusing on the collection of consumer information, serving as a reminder for advertisers, retailers, publishers and data collectors to keep up-to-date, accurate and...more

Ten Years of Conditional Marketing Authorizations

by Jones Day on

The European Medicines Agency ("EMA") published a report ("EMA report") concerning the data collected over 10 years—between July 2006 and June 2016—on the so-called "conditional marketing authorizations" ("CMAs")....more

Advertising Law - April 2017

Upromise's Broken Promise to FTC Costs $500,000 - For going back on its promise to abide by the terms of a Federal Trade Commission order, Upromise will pay a $500,000 civil penalty to the agency. The membership...more

Disclosure Is Key for Cross-Device Tracking, FTC Staff Report Says

by Ballard Spahr LLP on

If you or your third-party providers are engaged in cross-device tracking, you must adequately disclose the practice to your end users, provide them control over their information, and exercise care when collecting sensitive...more

Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained...more

IP Addresses as Personal Data – Website Providers To Come Under Even More Scrutiny With EU Data Privacy Law

by Orrick - Trust Anchor on

Website providers that collect dynamic Internet Protocol addresses (“IP address”) from website visitors may soon be subject to even more scrutiny from data protection authorities in the EU. Last week, Europe’s Advocate...more

Community service ordered for direct marketing offences in Hong Kong

by DLA Piper on

Last month, an insurance agent was charged and convicted of two offences under the Personal Data (Privacy) Ordinance (Ordinance), receiving a Community Service Order of 80 hours. This marks the fifth reported occasion on...more

Recent Cases Highlight Importance of Compliance with Hong Kong Privacy Law

by Locke Lord LLP on

The use of personal data in direct marketing without the customer’s consent and without fulfilling legal prerequisites has resulted fines issued by the Hong Kong Office of the Privacy Commissioner of Personal Data (“PCPD”)....more

Apple and The World’s Most Public Privacy Policy

It bears mentioning when one of the world’s most famous brands releases one of the world’s most prominent and readable privacy policies. That’s just what Apple did this week, and the message to other brands is clear – privacy...more

Socially Aware - Volume 6, Issue 3 - July/August 2015

Welcome to the newest issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we present a “grand unifying theory” of today’s leading technologies and the legal...more

Advertising Law - May 2015 #5

DAA Mobile Privacy Code Enforcement Begins In September - Get ready: September 1 marks the beginning of enforcement of the Digital Advertising Alliance’s mobile privacy code, the group recently announced. Companies will...more

Déjà Vu: State AG Consumer Reporting Settlement Follows Landmark New York Agreement

by Morrison & Foerster LLP on

On May 20, 2015, 31 states’ attorneys general settled with three major credit reporting agencies (CRAs) for six million dollars and commitments to make a number of changes to their business practices. With the exception of...more

Why Worry About a Little Skimmer?

by BakerHostetler on

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

by Gray Reed & McGraw on

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

by McDermott Will & Emery on

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

by DLA Piper on

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

by Perkins Coie on

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

by McCarter & English, LLP on

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

by Morrison & Foerster LLP on

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

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