News & Analysis as of

Web Tracking

Privacy Tip #93 – Electronic Frontier Foundation Privacy Badger

I am from Wisconsin, so I am a Badger fan. Actually a double Badger fan, as I am a big fan of the Electronic Frontier Foundation’s (EFF) Privacy Badger. According to the EFF’s website, Privacy Badger “is a browser...more

Article 29 Working Party has “grave concerns” about the proposed e-Privacy Regulation

by Ropes & Gray LLP on

The Article 29 Data Protection Working Party has adopted Opinion 01/2017 on the Proposed Regulation on Privacy and Electronic Communications. The draft Regulation was proposed by the European Commission in January 2017. In...more

FTC Releases Cross-Device Tracking Guidance

by Locke Lord LLP on

In January, the Federal Trade Commission (FTC) released guidance that will be of interest to companies that utilize cross-device tracking. Cross-device tracking refers to a company’s ability to link a consumer’s behavior on a...more

Ultrasonic Cross-Device Tracking: A Consumer Management Tool with FTC Warnings

A consumer’s television or computer may be emitting silent signals that her smartphone can hear, recognize and answer back, but the consumer can’t sense them at all. These signals are telling retailers about their customer’s...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

Advertising Law - May 2017

Trust for TRUSTe’s COPPA Changes? FTC Seeks Comment - Changes may be coming to TRUSTe’s safe harbor program under the Children’s Online Privacy Protection (COPPA) Rule, and the Federal Trade Commission is seeking public...more

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

by Fenwick & West LLP on

Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

TrustE Pays $100,000 with NYS for Failing to Protect Children’s Websites

On April 6, 2017, New York Attorney General Eric Schneiderman (AG) announced that he has settled an investigation against TrustE for alleged violations of failing to adequately prevent illegal tracking technology on...more

On the Heels of Finding Unexpected Data Tracking Unfair and Deceptive, the FTC Issues Guidance on Cross-Device Tracking

by BakerHostetler on

We recently discussed the Federal Trade Commission’s (FTC’s or Commission’s) expanded application of its unfairness authority and exercise of its deception authority in bringing a complaint against a maker of smart TVs that...more

Global Privacy & Cybersecurity Update Vol. 13

by Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

The Real Takeaway from VIZIO’s Privacy FTC Settlement

by Davis Wright Tremaine LLP on

It has been widely reported that VIZIO, Inc., a large television manufacturer, settled a Complaint brought by the FTC and the Attorney General of New Jersey for $2.2 million for alleged unfair and deceptive acts and practices...more

FTC Report Reinforces the Rules for Cross-Device Tracking

Well over a year after holding a workshop addressing privacy issues associated with cross-device tracking, Federal Trade Commission (FTC) staff have issued a report. The report sets the stage by describing how cross-device...more

FTC / DAA Extend Data Privacy Focus to Cross-Device Tracking

Enforcement of the Digital Advertising Alliance “Application of the Principles of Transparency and Control to Data Used Across Devices” (DAA Cross-Device Principles) officially began on February 1, just a week after the FTC...more

Cross-Device Tracking and the Trouble with Talkative Tech

Did you know that your devices are following you and talking amongst themselves? Creepy, right? From ordering products from your smartphone that you added to your shopping cart on your laptop’s browser to streaming a movie...more

FTC Cautions Companies on Cross-Device Tracking Disclosures

by McGuireWoods LLP on

On January 23, 2017, the FTC released a new report outlining its recommendations for companies using cross-device tracking. The report focused on the FTC’s continued commitment to consumer choice, transparency, and...more

Time to Review Your Online Marketing Practices and Privacy Policies

by Baker Donelson on

Earlier this week, the Federal Trade Commission (FTC) released a staff report on cross-device tracking which is part of a larger series of efforts by the FTC to explore emerging issues in the ever-evolving area of online...more

FTC Staff Releases Report on Cross-Device Tracking

by Alston & Bird on

The Federal Trade Commission (FTC) recently released its staff report on Cross-Device Tracking. Cross-device tracking refers to the tracking of consumer activity across multiple devices such as smartphones, desktops,...more

Cross-Device Tracking: An FTC Staff Report

by Morgan Lewis on

On January 23, the Federal Trade Commission (FTC) released “Cross-Device Tracking: An FTC Staff Report,” which explains how cross-device tracking is used to track consumers across multiple devices, sets out the benefits and...more

Cross-Device Tracking: Time to Reevaluate Privacy Policies

U.S companies are expected to explain how consumers are being tracked across devices, so that the company knows a consumer accessing its website from smartphone, tablet, television, laptop or other devices. Until now, U.S....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

FTC Staff Issues Long-Awaited Cross-Device Tracking Report

by WilmerHale on

On January 23, 2017, the FTC Staff released its long-awaited Report (“Report”) on cross-device tracking following its November 2015 workshop on the topic. The Report explains what cross-device tracking is, discusses the...more

FTC Staff Report Details Best Practices for Cross-Device Tracking

by Kelley Drye & Warren LLP on

The ubiquitous use of multiple devices by consumers has created new opportunities for mobile apps, platforms, providers, and publishers alike to capture more, and more accurate, consumer data. This practice – known as...more

Mississippi AG Sues Google for Collection of Student Data

Mississippi Attorney General Jim Hood filed a Complaint against Google last week for alleged violations of the state’s Consumer Protection Act for its collection and use of students’ personal information and search history....more

Turn Settles Allegations by the FTC for Deceptive Advertising Tactics

Turn, Inc. (Turn), a California based company that enables sellers to target digital advertisements to consumers via a website or mobile app, settled allegations by the Federal Trade Commission (FTC) that it deceived...more

FTC Settles with Ad Tech Company Over Deceptive Online Tracking Practices

by BakerHostetler on

On December 20, 2016, the Federal Trade Commission (FTC) announced that Turn Inc. agreed to settle charges that it misled consumers about its online tracking activities and failed to honor consumer opt-outs as described in...more

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Cybersecurity

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