News & Analysis as of

Web Tracking Consent

Klein Moynihan Turco LLP

Favorable Pennsylvania Wiretap Decision

Frequent readers of this blog are aware of the surge in lawsuits alleging that companies illegally wiretap consumers when they utilize software which tracks consumers’ interactions on their websites. The majority of these...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

Robinson+Cole Data Privacy + Security Insider

Federal Trade Commission Continues to Target Healthcare Companies for Unauthorized Data Disclosures

The Federal Trade Commission (FTC) has assumed the authority to enforce unauthorized data disclosures under the Federal Trade Commission Act (FTC Act). During the past three weeks, the FTC has used this authority to go after...more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more

Klein Moynihan Turco LLP

Help! I Was Served With A CIPA Lawsuit

Readers may recall our recent article discussing a new trend in California Invasion of Privacy Act (“CIPA”) litigation in which enterprising plaintiffs’ attorneys have brought CIPA allegations against companies that use...more

Jackson Lewis P.C.

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

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Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

Osano

Cookie Management Strategies to Gain Efficiency

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Wouldn’t life be easier if you could just drop whatever cookies you liked onto your website visitors’ browsers? After all, cookies are nothing more than strings of text—you could have your website use dozens of cookies and it...more

McDermott Will & Emery

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

McDermott Will & Emery on

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more

Osano

What Is Cookie Governance and How Do You Do It?

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Understanding cookies and consent management is an important step to becoming compliant with modern data privacy regulations, but there’s another piece of the puzzle: Cookie governance. Good cookie governance is what...more

BCLP

EDPB Explains EU EPrivacy Cookie Rules Apply to Emerging Online Tracking Tools - New Recipes, Same Flavour?

BCLP on

On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...more

Health Care Compliance Association (HCCA)

Privacy Briefs: November 2023

Report on Patient Privacy 23, no. 11 (November, 2023) The American Hospital Association (AHA) is urging federal lawmakers to intervene with the HHS Office for Civil Rights (OCR) so that hospitals and health systems can...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Amundsen Davis LLC on

Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more

K&L Gates LLP

Litigation Minute: The Next Wave of Website Privacy Lawsuits (Pixel Tool Litigation Series: Part One)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - The rise in session replay litigation has paved the way for a new wave of website privacy lawsuits: pixel tool litigation. Plaintiffs have increasingly challenged the use of this...more

K&L Gates LLP

Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more

K&L Gates LLP

Litigation Minute: Website Analytics or Illegal Wiretapping? (Session Replay Series: Part One of Four)

K&L Gates LLP on

What You Need to Know in a Minute or Less - For most businesses today, a website is a necessary tool for interacting with customers and marketing products and services. Businesses know the importance of understanding how...more

Saul Ewing LLP

The Third Circuit Weighs in on Whether Website Tracking Violates Pennsylvania’s Wiretap Act

Saul Ewing LLP on

A spate of lawsuits across the country has targeted companies that use website tracking and analytics tools, claiming they are violating prohibitions against illegal wiretaps. In a recent precedential decision, the Third...more

ArentFox Schiff

Timing Is Everything: Ninth Circuit Addresses Chatbot Consent Requirements

ArentFox Schiff on

According to a recent unpublished Ninth Circuit ruling, failure to obtain consent prior to using recording technologies is not sufficient for purposes of the California Invasion of Privacy Act (CIPA). This ruling is notable...more

Davis Wright Tremaine LLP

Challenges to Google's Collection of Web Browsing Data Survive Motion to Dismiss

A class action lawsuit will proceed against Google over its collection of data from users browsing in "incognito mode," as District Judge Lucy Koh denied Google's motion to dismiss on March 12, 2021. In Brown v. Google, Judge...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

Holland & Knight LLP on

Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

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It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more

Alston & Bird

French CNIL Launches Public Consultation on Cookie Consent Recommendations

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On January 14, 2020, the French data protection authority (CNIL) launched a public consultation on its draft recommendations for the collection of consent in the context of cookies and other tracking technologies (the ‘draft...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | November 2019

EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more

BCLP

New CNIL Guidelines on Cookies and Tracking Devices

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The French Data Protection Authority (“Commission nationale de l'informatique et des libertés” - CNIL), the independent French administrative regulatory body whose mission is to ensure that data privacy law is respected, has...more

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