News & Analysis as of

Websites Data Collection Data Privacy

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

Fisher Phillips on

Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Businesses Beware: California Trap & Trace Lawsuits Target Common Website Tools

These lawsuits make generalized allegations that business websites use software or tools to collect various types of device and browsing information from website visitors and that businesses then share such information with...more

Alston & Bird

New York Attorney General Investigates Companies for Website Tags, Publishes Guidelines on Online Tracking Technologies

Alston & Bird on

On July 30, 2024, the New York Attorney General Letitia James announced she had completed an investigation into the tracking technology practices of popular websites, and used this to create website privacy guides on online...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

Wiley Rein LLP on

Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Wilson Sonsini Goodrich & Rosati

New York Legislature Passes a Pair of Bills to Protect Children's Privacy Online

On June 7, 2023, the New York legislature passed the Stop Addictive Feeds Exploitation (SAFE) for Kids Act (SAFE Act or the Act) and the New York Child Data Protection Act (CDPA), both aimed at protecting children online. The...more

Fisher Phillips

FAQs for Businesses as Texas Data Privacy Law Takes Effect July 1

Fisher Phillips on

Texas will soon be the next state to have a comprehensive consumer data privacy and security law when the Texas Data Privacy and Security Act takes effect on July 1. It will require businesses to take several compliance...more

Jenner & Block

Websites and Wiretap Laws: Emerging Trends in Privacy Class Action Litigation Risks

Jenner & Block on

As an onslaught of recent class actions allege, companies may be liable for eavesdropping and wiretapping based on the use of common analytics software on their platforms. For instance, in California, plaintiffs have filed...more

Wilson Sonsini Goodrich & Rosati

Maryland Passes Age-Appropriate Design Code

On May 9, 2024, Maryland Governor Wes Moore signed HB 603, the Maryland Age-Appropriate Design Code (Maryland AADC). The Maryland AADC builds on Maryland’s Online Data Privacy Act, which was signed into law the same day and...more

Burr & Forman

Do You Have a Pixel Problem?

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If you do not know what a pixel is, you may have a problem and should read on. This article will explain the recent trend of “pixel litigation” and suggest some ways to help companies avoid liability and avoid becoming...more

Osano

The Cookieless Future: How to Prepare

Osano on

Marketers love data. After all, without data, marketers can’t answer questions like...more

Guidepost Solutions LLC

FTC Proposes Strengthening Children’s Privacy Rule

On January 11, 2024, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking that would fortify the Children’s Online Privacy Protection Act (COPPA). This move underscores a significant shift in the...more

Ballard Spahr LLP

43 AGs Urge FTC to Update Child Online Privacy Rules

Ballard Spahr LLP on

On March 7, 2024, a bipartisan coalition of 43 state attorneys general sent to the Federal Trade Commission (“FTC”) a letter urging the FTC to update the regulations (“COPPA Rules”) implementing the Children’s Online Privacy...more

Osano

[Webinar] Universal consent: Building beyond cookie consent - March 26th, 10:00 am - 11:00 am PST

Osano on

In this webinar, we will discuss the rising importance of first-party and zero-party data and how universal consent helps organizations solve the bottlenecks, challenges and heartaches associated with the evolution of data...more

Fisher Phillips

New Executive Order to Block Businesses From Transferring Data to China and Other Countries of Concern – 4 Steps to Comply

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President Biden just issued an Executive Order that will lead to new restrictions on transferring sensitive personal data to China and other “countries of concern” – and it may create massive new compliance obligations for...more

Kilpatrick

California Online Tracking Lawsuits Shift Away from Wiretap Theory Toward Pen Register Theory

Kilpatrick on

Class-action lawyers are adapting their legal tactics, moving away from suing companies under California's wiretap law and instead focusing on a new legal claim: the pen register theory....more

WilmerHale

Year in Review: 2023 Web Tracking Litigation and Enforcement

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. 2023 saw a rise in class action litigation related to internet tracking technology employed by companies to enhance user...more

Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

Benesch on

In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

King & Spalding

FTC Proposes Stricter Children’s Privacy Rules in First COPPA Update since 2013

King & Spalding on

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed revisions to its rules administering the Children’s Online Privacy Protection Act (COPPA). The updates both expand the universe of businesses subject...more

Coblentz Patch Duffy & Bass

You’ve Worked To Make Your Website Cookies, Pixels, and Chat Function Compliant With Privacy Laws; Now What Is A “Pen Register”?

Despite your recent efforts to comply with privacy law requirements for website cookies, pixels, and analytics, your business may be at risk of getting sued for violations of “pen register” or “trap and trace” laws based on...more

Osano

Cookie Management Strategies to Gain Efficiency

Osano on

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

Kilpatrick

Complying with the Children's Online Privacy Protection Rule; FTC’s Proposed Updates

Kilpatrick on

On December 20, 2023, the Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking (Proposed Rule) seeking to update the Children’s Online Privacy Protection Act (COPPA), which would place new restrictions on...more

Wilson Sonsini Goodrich & Rosati

FTC Proposes Significant Changes to COPPA Rule

On December 20, 2023, the Federal Trade Commission (FTC) announced proposed changes to the Children’s Online Privacy Protection Rule (COPPA Rule) that would place significant new restrictions on companies that collect...more

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