News & Analysis as of

If at First You Don't Succeed... FTC Approves Second Candidate's New COPPA Verifiable Consent Method

The Federal Trade Commission announced that it has approved a new method for companies to obtain parents’ verifiable consent for online collection and use of children’s personal information under the Children’s Online Privacy...more

CLIENT ALERT - Recent Changes to Online Privacy Laws in California

California Online Protection Act - The California Online Protection Act (the “Act”) requires a commercial Internet website or online service to conspicuously post a privacy policy on its website if it collects...more

Privacy & Cybersecurity Update - December 2013

In This Issue: - European Commission Proposes Changes to the US-EU Safe Harbor: In our November Privacy & Cybersecurity Update,1 we reported that the European Commission was undertaking a review of the U.S.-EU...more

On the Seventh Day of Privacy, the FTC Gave to Me….

Significant compliance obligations with children’s privacy rules! Last December, the FTC gave to us the long awaited (or maybe not so much by covered entities!) final amendments to the 14-year old Children’s Online...more

Advertising Law -- Nov 27, 2013

FTC Shoots Down COPPA Compliance Request Based on Social Networking - The Federal Trade Commission has denied an application from AssertID seeking the agency's approval of a proposed method of verifiable parental...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

California Enacts New Data Privacy Laws

As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B....more

FTC Updates COPPA FAQs

Following up on the new Children’s Online Privacy Protection Act (COPPA) Rule that went into effect on July 1, 2013, the Federal Trade Commission has released an updated set of FAQs to provide additional clarity and...more

The New COPPA Rule Takes Effect Today — Are You Ready?

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13. ...more

New COPPA Rule Now In Effect

In December 2012, the Federal Trade Commission (FTC) issued revisions to the Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule). The COPPA Rule creates extensive parental notice and consent requirements, among...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

Choosing a Winner: Knowing sweepstakes and contest laws up front can prevent future problems

Illinois Court Rules that Contest Sponsor’s Use of Entrant’s Image is a Violation of the State’s Publicity Acts - An Illinois court recently found that a contest sponsor’s publication of images violated the Illinois...more

Children’s Privacy and the Internet - Changes in COPPA Take Effect July 1st: Do You Comply?

What is COPPA? The Children’s Online Privacy Protection Act of 1998 (COPPA), and the COPPA Rule, 16 C.F.R. Part 312, promulgated by the Federal Trade Commission (FTC) under that Act, require that website operations...more

Advertising Law -- May 31, 2013

A Friendly Reminder from the FTC: You May Be in Trouble - Continuing the countdown to the effective date of the amended Children’s Online Privacy Protection Act Rule, the Federal Trade Commission sent “educational...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

July 1 COPPA Compliance Deadline is Approaching

Today, the FTC sent more than ninety (90) “educational” letters to domestic and foreign businesses whose Web sites and online services (including mobile apps) appear to collect personal information from children that are 12...more

FTC Denies Requests to Extend Effective Date for COPPA Rule Revisions

The FTC has voted to retain the July 1, 2013 effective date for the revisions to its Children’s Online Privacy Protection Act (COPPA Rule), shortly after issuing revised “Frequently Asked Questions” (FAQs) to aid compliance...more

FTC Votes to Keep July 1 Compliance Deadline for COPPA; California Bill Would Require Removing Children's Personal Information...

The Federal Trade Commission voted unanimously this week to keep the July 1, 2013, compliance date for the new COPPA Rule. Representatives from several industry groups had asked the FTC to delay the compliance date to give...more

FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators

Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently...more

FTC Senior Attorney Discusses COPPA Revisions

At the International Association of Privacy Professionals' annual privacy conference last week, FTC senior attorney Mamie Kresses discussed the new liability concerns for operators of websites and services due to the recent...more

McAfee & Taft tIPsheet - March 2013: FTC amends Children’s Online Privacy Protection Rule

On December 19, 2012, the Federal Trade Commission amended the Children’s Online Privacy Protection Rule to be consistent with the requirements of the Children’s Online Privacy Protection Act. The amendments to the COPPA Rule...more

FTC Announces Settlement with Social Networking App and Issues Staff Report Regarding Mobile Device Privacy Disclosures

On February 1, 2013, the Federal Trade Commission ("FTC") announced an agreement with social network mobile application ("app") operator Path, Inc. ("Path") to settle the FTC's claims that Path collected personal information...more

Activity at the Federal Trade Commission

There is much going on at the Federal Trade Commission (FTC) these days, particularly in the privacy arena. In addition to the settlements discussed below, today the White House confirmed that President Obama will nominate...more

FTC Recommends Framework For Mobile Privacy

Building on the privacy concepts articulated in their December 2012 report, the Federal Trade Commission (FTC) released a staff report on February 1, which recommends a framework for mobile privacy. Like the report issued...more

Advertising Law -- Feb 21, 2013

In This Issue: Neutrogena Escapes Class Certification; It's Not "Hip" to Steal Contact Info; Leibowitz Leaves the FTC—Who Will Take His Place?; A Court Ruling Wouldn't Be Kosher; California Supreme Court: Some Online...more

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