News & Analysis as of

Privacy Policy

House Passes SELF DRIVE Act, With Security And Privacy In Mind

by King & Spalding on

On Wednesday, September 6, the U.S. House of Representatives unanimously passed H.R. 3388, the SELF DRIVE Act (the “Act”). While the Act’s primary purpose is to preempt state laws that regulate automated vehicles, and instead...more

Legal Issues For Creating And Maintaining Your Website

by Fraser Trebilcock on

The reach and impact of the internet is well known and it provides a must-have medium to advertise, promote, and conduct business. Setting up and maintaining your website may seem like a relatively straightforward process,...more

Uber Customer Arbitration Agreement Enforceable Under California Law, Says Second Circuit

by Carlton Fields on

The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more

Online Vacation Rental Marketplace Sends Claims Packing with Carefully Drafted Terms

In a resounding victory for well-drafted terms and conditions and robust immunity under Section 230 of the Communications Decency Act, 47 U.S.C. § 230 (“CDA Section 230”), a Massachusetts district court granted summary...more

Second Circuit Upholds Uber’s Mobile Contracting Process, Establishing Template for Mobile Online Contracting

In recent years, courts have issued varying rulings as to whether online or mobile users adequately consented to user agreements or terms of service when completing an online purchase or registering for a service. In each...more

Federal Trade Commission’s Uber Consent Agreement Designates Geolocation Information as Personal Information

by Williams Mullen on

The Federal Trade Commission (FTC) recently entered a Consent Agreement with Uber that includes “precise geolocation information” in the list of personal information that is to be protected. While the Consent Agreement only...more

AD-ttorneys@law

by BakerHostetler on

SharkNinja, manufacturer of the Shark Rotator Powered Lift-Away vacuum, made some strong claims regarding the popularity of its product. In television ads and online, the company boasted that “America preferred … Shark” and...more

Industry Watchdog Reminds Digital Advertisers of the Importance of Providing Consumers With Transparency and Choice in Latest...

by BakerHostetler on

Two digital advertising companies, Adbrain and Exponential Interactive, were cited in recent decisions by the Better Business Bureau’s Online Interest-Based Advertising Accountability Program (OIBAAP) for not complying with...more

Eighth Circuit Finds Standing in Data Breach Case for Privacy Policy Violation, Dismisses for Lack of Specificity

by Fenwick & West LLP on

The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more

Mobile App Terms and Conditions Decision Clarifies Best Practices in App Designs to Support Enforcement of Contract Provisions

The Second Circuit issued a decision of interest to every company that utilizes a mobile app to interact with its customers. In Meyer v. Kalanick, the court enforced the mandatory arbitration provision in the Uber app. The...more

House Committee Passes Self-Driving Vehicle Legislation

by Dechert LLP on

The U.S. House Energy and Commerce Committee, on July 27, unanimously approved a bill that would regulate self-driving vehicles. The bill, named the “Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution...more

Landmark Second Circuit Ruling Clarifies the Standards for Mobile Contracts

On August 17, 2017, the United States Second Circuit Court of Appeals issued a landmark ruling in Meyer v. Kalanick that clarifies the standards for contract formation in the age of smartphones and mobile contracting,...more

Uber Victory Provides Relief Regarding Enforceability of App Terms and Conditions

by Buchalter on

Last week, a federal court ruled that mandatory arbitration provisions in lengthy mobile application Terms of Service can be binding, regardless of whether a customer takes the time to read them. This ruling in favor of Uber...more

A Year in Review: FTC Data Privacy Actions and its Impacts on 2017 and Beyond

Whether it means taking a prominent role shaping data security for the Internet of Things, or addressing high profile breaches, the FTC has adopted an active position in policing data privacy and security. And, as data...more

SELF DRIVE Act Moves Unanimously From House Subcommittee To The Full U.S. House Of Representatives

by King & Spalding on

On July 27, 2017, the U.S. House of Representatives Energy and Commerce Committee unanimously approved the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act, or SELF DRIVE Act, on a 54-0 vote. The...more

Nevada Becomes Third State with Privacy Policy Law

Joining the ranks of California and Delaware, the state of Nevada adopted a new law mandating that, beginning Oct. 1, websites and other online services post a privacy policy....more

Are You Ready for the New York August 28th Compliance Deadline?  

If you are one of the many businesses licensed by the New York Department of Financial Services (DFS), and cannot avail yourself of the (very) limited exemptions, you must be ready for the first compliance transition date for...more

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Prevention Is Key (Er…Required): Will Your State Soon Mandate Workplace Violence Prevention Programs?

by Fisher Phillips on

It is no secret to hospital and other healthcare employees that their workplace is no longer a guaranteed safe zone. In fact, recent statistics released by the Occupational Safety and Health Administration (OSHA) indicate...more

Nevada Becomes the Third State to Enact Website Privacy Notification Law

by Ballard Spahr LLP on

Not everything that happens in Vegas stays in Vegas. Starting on October 1, 2017, a new Nevada privacy law will require certain website owners and operators to publish a notice regarding their privacy policies, disclosing to...more

New Nevada Law Requires Notice for Online Collection and Disclosure of Personally Identifiable Information

by WilmerHale on

On June 12, 2017, Nevada Governor Brian Sandoval signed into law SB 538 (“Nevada SB 538”), which requires operators of websites and online services to provide notice to Nevada residents of their practices relating to the...more

And Now There are Three: Nevada Joins California and Delaware in Privacy Policy Requirements for Website Operators

by Sedgwick LLP on

The latest development with respect to privacy policies involves amendments to existing legislation governing state statutes governing the security of personal information for website operators and online service providers....more

Website Operators In or Targeting Nevada, You Have Privacy Policies To Implement by October 1, 2017

by Dickinson Wright on

As of October 1, 2017, Nevada will join California and Delaware to require the operators of certain websites and online services to post a notice on their website informing users about their privacy practices....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

FTC's New Guidance on COPPA is a Wake-Up Call to Review Your Privacy Policy

by Baker Donelson on

The Federal Trade Commission (FTC) has updated its compliance plan for the Children's Online Privacy Protection Act (COPPA). Introduced in 1998, COPPA establishes the guidelines under which personal information may be...more

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