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Privacy Policy Terms of Use

Troutman Pepper

Arbitration Clause Rendered Illusory and Unenforceable by Unilateral Amendment Clause, Says Virginia Federal District Court

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In a recent decision, the U.S. District Court for the Eastern District of Virginia denied a retailer’s motion to compel individual arbitration of a claim brought in a putative class action lawsuit. The complaint alleges that...more

Bond Schoeneck & King PLLC

Website Terms of Use Agreement and Privacy Policy

Booming internet usage means that virtually every company has a website and many companies use their website to enhance the user experience and collect information about their users. As a result, company websites have terms...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #280 – Using Biometric Information for Payments and Services

Many individuals already use facial recognition technology to authenticate and authorize payment through their smartphone. According to Jupiter Research, by 2025 (only four years away), 95 percent of smartphones will have...more

Robinson+Cole Data Privacy + Security Insider

Walmart Litigation Provides Guidance on Data Breach Class Action Suits Under the CCPA

Gardiner v. Walmart provided some guidance as to the specificity required to state a claim under the California Consumer Privacy Act (CCPA) and the types of damages that may be recoverable for breaches of California consumer...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

ArentFox Schiff

Sinclair v. Ziff Davis et al.: Read the Platform’s Terms of Use Before You Post Content to Social Media

ArentFox Schiff on

Most users of social media simply do not appreciate the risks involved in using the platform for its intended purposes—the mass dissemination of content. Indeed, among the benefits and drawbacks of social media is one...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #218 – FBI Considers FaceApp a Counterintelligence Threat

For those of you who have downloaded the face editing app FaceApp, please note that the Federal Bureau of Investigation (FBI) has classified FaceApp as a counterintelligence threat because of its Russian origins....more

Barnea Jaffa Lande & Co.

What You Should Know before Launching a Website or App

When a company is looking to start operating online via a website or an app, it must ensure its relationship with its users is defined not only from a marketing point of view but also from a legal perspective....more

ArentFox Schiff

The Fun App Trap

ArentFox Schiff on

We’ve all seen the funny faces appearing across the internet as friends and family use the FaceApp to see what they may look like in 30 to 50 years. The resulting images are wrinkled and gray, but the trade made—instead of...more

Morgan Lewis

Contract Corner: Drafting Privacy Policies – Part 2

Morgan Lewis on

In this month’s Contract Corner, we are highlighting considerations for drafting an up-to-date privacy policy. In Part 1 of this series, we provided background on the general legal landscape for privacy policies in the United...more

Morgan Lewis

Contract Corner: Drafting Privacy Policies–Part 1

Morgan Lewis on

Drafting and posting a clear, concise, and accurate privacy policy is one of the most important tasks when creating a company’s website, particularly given today’s legal and regulatory environment. Privacy policy legal...more

Foley Hoag LLP - Security, Privacy and the...

The Paris District Court Invalidates 38 Clauses of Google+ Terms of Use and Privacy Policy

It has been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more

Foley Hoag LLP - Making Your Mark

IP and Social Networks: The Paris District Court Invalidates IP Clauses of Google+ Terms of Use

It’s been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more

Hogan Lovells

U.S. Department of Education guidance: Under FERPA, students cannot be required to waive rights as condition of participation

Hogan Lovells on

In November 2017, the U.S. Department of Education (ED) issued a letter clarifying student and parental rights under the Family Educational Rights and Privacy Act (FERPA) when a school uses online third-party service...more

Proskauer - New Media & Technology

Researchers May Challenge the Constitutionality of the CFAA “Access” Provision as Applied to Web Scraping

Such Scraping “Plausibly Falls within the Ambit of the First Amendment” The Ninth Circuit is currently considering the appeal of the landmark hiQ decision, where a lower court had granted an injunction that limited the...more

BakerHostetler

[Event] A Nuts-and-Bolts Conversation About Terms of Use for Websites, Software and Contracts - March 2nd, Seattle, WA

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BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more

McDermott Will & Emery

Misleading Terms & Conditions and Unfair Contract Terms: The Italian Competition Authority Opens Two Investigations against...

McDermott Will & Emery on

On 28 October 2016, the Italian Competition Authority (the “Authority”) opened two investigations against WhatsApp Inc. for alleged unfair commercial practices. The first investigation by the Authority alleges that WhatsApp...more

McAfee & Taft

I accept!

McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

Jaburg Wilk

Does Pokémon GO Lure You in With A Dangerous Privacy Policy and Terms of Use?

Jaburg Wilk on

For years, we have been lamenting that our young people spend too much time indoors playing computer games and not enough time outside or connecting with others. Yet, those same critics now condemn young Pokémon Go players...more

Jackson Lewis P.C.

Pokémon GO – Next Stop: Regulation & Litigation

Jackson Lewis P.C. on

As everyone is aware, the Pokémon GO craze has taken the world by storm in the past month. Reports estimate there have been over 75 million downloads of the digital game since the program became available on July 6. Apple...more

BCLP

Recommendations for Evaluating Your Organization’s Use of Social Media

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The majority of organizations utilize social media to market their products and services, interact with consumers, and manage their brand identity. Many mobile applications and websites even permit users to sign-in with their...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Cooley LLP

Blog: The Importance of Online Agreements on UK Websites

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The Terms of Use Agreement (“TOU”) and the Privacy Policy found on most websites govern the relationship between the website operator and all of its customers. Although it may be tempting to copy and use online agreements...more

Pillsbury - Global Sourcing Practice

Have You Thought About Your Online Terms of Use Recently?

Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more

Cooley LLP

Alert: New York District Court Articulates New Test for Assessing the Validity and Enforceability of Online Agreements

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In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

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