News & Analysis as of

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

Guide to Compliance with the Amended COPPA Rule

What Is COPPA? •Children’s Online Privacy Protection Act, enacted by Congress in 1998 •Congress directed the Federal Trade Commission (FTC), the nation’s consumer protection agency, to issue and enforce regulations...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Tips for Mobile App Privacy Compliance [Video]

Increasingly, privacy is a big concern in app development. California and other jurisdictions are ramping up enforcement efforts around existing privacy laws. For example, the California attorney general has recently taken...more

Two California Privacy Bills Introduced

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on...more

California Supreme Court: Online Retailers May Require Personal Info for Electronic Downloads

Online retailers do not violate California's credit card privacy law by requiring consumers to provide personal information, including their addresses and phone numbers, as a condition of accepting credit card payments for...more

California Does It Again! - Recommends Best Practices for the Mobile App Industry

In last month’s Technology Advisory, I described recent actions of the California Attorney General designed to improve privacy protections for users of mobile applications. This included an agreement the California Attorney...more

FTC Announces Mobile Privacy Enforcement Action, Issues Mobile Privacy Staff Report

On February 1, the FTC announced that it is requiring a social networking application company to pay $800,000 and make certain compliance enhancements to resolve allegations that the firm (i) misled and deceived users by...more

California AG Issues Mobile Application Privacy Recommendations

On January 10, California Attorney General Kamala Harris (AG) issued recommended privacy practices for mobile application developers, mobile application platform providers, mobile advertising networks, operating system...more

Recent Privacy Developments: California AG Continues to Lead on Mobile with New Recommendations and FTC Amends COPPA

Nearly all businesses today are involved in some way in the development or distribution of mobile applications. The first part of this Client Alert highlights recent activities of the California State Attorney General to...more

Privacy-on-the-Go: California Attorney General and Major Mobile Application Platforms Agree to Privacy Principles for Mobile...

Application developers have been put on notice by the State of California. It is time to pay attention to user privacy and collection of information from user devices. In an effort led by the office of California...more

California’s Attorney General Releases Privacy Recommendations for Mobile Apps

California’s Attorney General released, on January 10, 2013, a lengthy set of recommended privacy practices aimed at app developers, app platform providers, mobile ad networks, operating system developers, and mobile...more

FTC Amends COPPA Rule and Previews Future Enforcement Policies

On December 19, 2012, the Federal Trade Commission ("FTC") adopted the first amendments to the Rule promulgated under the Children's Online Privacy Protection Act (hereinafter, "COPPA" for the Act, and "COPPA Rule" for the...more

FTC Issues its Revised COPPA Rule

The Federal Trade Commission (“FTC”) has announced its amended Children’s Online Privacy Protection Act (“COPPA”) Rule, which becomes effective July 1, 2013....more

Privacy Resolutions for Mobile App Providers in the New Year

The end of 2012 saw a flurry of activity in the area of privacy enforcement. In July, Kamala Harris, the Attorney General of California, announced the formation of California's own state agency to investigate and enforce the...more

Advertising Law -- Jan 02, 2013

In This Issue: Does a Virtual Pet Site Violate COPPA?; Legislative Updates: Geolocation bill and VPPA Updates Advance, ECPA Update Stalls; Dunkin’s “Best Coffee” Slogan Can’t Be Trademarked; Takeoff: First California...more

Increasing Scrutiny of Consumer Data Collection

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies. The Federal Trade Commission (FTC) recently ordered the data brokerage industry to provide information on the collection...more

Are You In Compliance?

Online Privacy Policies for Websites and Mobile Apps - If your company’s website collects personal information from California residents, a California privacy protection law requires you to post a privacy policy on your...more

"Privacy Update: FTC Strengthens Online Child Privacy Regulations"

After two years of proposals, discussions and comments, the Federal Trade Commission approved final amendments to the Children’s Online Privacy Protection Rule (the “COPPA Rule” or “Rule”)1 on December 19, 2012. These...more

California AG Files First Suit for Alleged Mobile App Privacy Policy Violations

After serving notice that mobile app companies must comply with California's online privacy statute, last week Attorney General Kamala Harris filed the first of what is likely to be many suits against companies that develop,...more

FTC Announces Investigations of Kids App Providers and California’s AG Sues Delta over Fly Delta App’s Privacy Practices

Two recent developments should have all app providers reviewing their privacy practices and policies. On Monday, December 10, the Federal Trade Commission released its latest report on privacy disclosures and kids apps....more

Is Your Company's Mobile App Violating CalOPPA?

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices. According to the complaint, the "Fly...more

California AG Files First Mobile Application Privacy Suit

On December 6, California Attorney General Kamala Harris (AG) announced an enforcement action against Delta Airlines for allegedly failing to comply with the state’s Online Privacy Protection Act. This is the first action...more

California Attorney General Brings Privacy Law Enforcement Action Against Delta Air Lines Over "Fly Delta" Mobile Application

Long-known as an ardent protector of individual privacy rights, California brought its first legal enforcement action under state privacy laws on December 6, 2012, when state Attorney General Kamala D. Harris filed suit...more

California AG to Mobile App Developers: Post a Valid Privacy Policy

California Attorney General Kamala D. Harris has begun formally notifying scores of mobile application developers and companies that they do not comply with California privacy law. These notices give these businesses 30 days...more

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