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News & Analysis as of

New Delaware Act Requires Online Privacy Policy for Websites

A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

Get Your Questions Ready

A lot has changed since the HIPAA Privacy Rule was finalized in 2002 and the HIPAA Security Rule was finalized a year later in 2003. The iPhone had not been released (that happened in 2007), Apple had just released the...more

CA AG Requires Chief Privacy Officer and Privacy Compliance Program

California’s Attorney General, Kamala Harris, has required Houzz, a home décor information and e-commerce website and mobile app publisher, to hire a chief privacy officer (CPO), conduct a company-wide privacy assessment, and...more

Delaware Enacts Package of Internet Data Laws

Joining the collection of states with online privacy laws, Delaware has enacted a package of statutes governing the collection, storage and use of the personal information of Delaware residents by websites, Internet and cloud...more

States Try to Make the Grade with Student Data Privacy Efforts

Eight states passed substantive bills during the 2015 legislative session requiring education-focused Internet service, websites and mobile app providers to take measures to protect student data - With students around the...more

Global Privacy Sweep Finds Privacy Issues in Children’s Apps

Last week, the Global Privacy Enforcement Network (GPEN) released the results from their third annual Privacy Sweep. Twenty-nine privacy enforcement authorities spread across 21 countries reviewed 1,494 websites and mobile...more

Social networking service, MeetMe, Inc., settles minors’ privacy violations for $200,000

On August 19, 2015, MeetMe, Inc. (MeetMe), a social networking website and mobile app, agreed to pay $200,000 and to change its privacy policies to settle a lawsuit alleging that MeetMe distributed teenagers’ geolocation and...more

Akamai Ruling: Mobile App and Website Owners Beware

Last week the Federal Circuit Court of Appeals (“Federal Circuit”) “changed the game” for parties, including website and mobile app owners that work in tandem with end users, to practice the steps of a patent. In Akamai...more

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

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

Somebody’s Watching You: What Are the Rules?

In 1984, Kennedy William Gordy, better known as pop artist Rockwell, released his first and ultimately biggest hit: Somebody’s Watching Me. One can only imagine how Rockwell would have felt if the Internet was in full swing...more

Does Your Website or Mobile App Discriminate?

Are you confident that your business complies with federal anti-discrimination laws? If you offer goods or services to the public through the Internet, the answer may not be as simple as you think. Increasingly, lawsuits...more

Websites Required to Post "About Us" Contact Info Under New Florida Law

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more

Florida Passes Law Requiring Contact Information on Websites

On May 21, 2015, Florida Governor Rick Scott signed the True Origin of Digital Goods Act with bipartisan support in both the United States House of Representatives (House) and Senate. The law requires companies with websites...more

Privacy Policy of Mobile Apps: No Standard for Transparency

In the standards set by the California Online Privacy Protection Act (CalOPPA) to developers of websites and mobile applications, websites and apps have to have their privacy policy clearly labeled, properly displayed, easy...more

GPEN Children’s Privacy Sweep Announced

On 11 May 2015, the UK Information Commissioner’s Office (ICO), the French data protection authority (CNIL) and the Office of the Privacy Commissioner of Canada (OPCC) announced their participation in a new Global Privacy...more

The data protection sweep day on apps and websites addressed to children occurred on Tuesday!

On Tuesday, the Italian Data Protection Authority (Garante per la protezione dei dati personali, the “Italian DPA”) announced that, 28 privacy authorities across the world, members of the Global Privacy Enforcement Network,...more

BakerHostetler Partner Alan Friel Talks Big Data and Data Collection [Video]

Alan Friel, Partner with BakerHostetler's Privacy and Data Protection team, talks about compliance programs for companies, consumer data collection, misrepresentation, and data security deficiencies....more

New Digital Privacy Rights for Minors in California

As of January 1, 2015, a new California law grants several new privacy protections to California minors. See Bus & P C §§22580–22582. Most notably, one new provision (called the "Eraser Law") requires an operator of an...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

Recent legal actions highlight issues of children’s online privacy

Companies with online sites and services that expressly target a young audience, such as websites and mobile apps providing entertainment, games or educational enrichment specifically oriented toward children, should already...more

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Legal Considerations for Web Based Start-Ups

Mobile Internet usage is predicted to grow faster in the next few years, making online or web based businesses great opportunities. A leading forecaster found that global mobile internet usage leapt from 14 percent to 25...more

Comunity Banking Legal Alert

In This Issue: - Banks May Need to Take a Second Look at “Free” Checking Account Promotions - Is Apple Pay in Your Future - Marketing Agreements for Mortgage Services Require Care - Financial...more

DOJ Settlement Suggests Push to Expand ADA Coverage to All Websites and Apps

The chance of future DOJ investigations justifies companies’ reviews of customer-oriented websites and apps for accessibility. As consumers continue to use the Internet and their smartphones for their shopping in...more

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