News & Analysis as of

Websites Notice Requirements

Nevada Implements Law that Requires Notice for Collection of Personal Information

Nevada has become the third state in the Union to adopt a law that requires operators of websites and online services to provide notice to consumers who are Nevada residents of their practices around the collection and...more

New Nevada Law Requires Notice for Online Collection and Disclosure of Personally Identifiable Information

by WilmerHale on

On June 12, 2017, Nevada Governor Brian Sandoval signed into law SB 538 (“Nevada SB 538”), which requires operators of websites and online services to provide notice to Nevada residents of their practices relating to the...more

Website Operators In or Targeting Nevada, You Have Privacy Policies To Implement by October 1, 2017

by Dickinson Wright on

As of October 1, 2017, Nevada will join California and Delaware to require the operators of certain websites and online services to post a notice on their website informing users about their privacy practices....more

FTC Updates COPPA Guidance

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) released an updated version of its guidance on complying with the Children’s Online Privacy Protection Act (“COPPA”) on June 21, 2017. Companies that collect personal information from...more

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

by Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

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

by BakerHostetler on

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

UK ICO Offers Guidance on Privacy Notices Under the GDPR and the UK Data Protection Act

by Ballard Spahr LLP on

In an anticipated guidance, the United Kingdom's Information Commissioner's Office (ICO) updated its code of practice for privacy notices titled Privacy notices, transparency and control (the Code). Significantly, the ICO has...more

Governor Signs Student Data Privacy Law

by Shipman & Goodwin LLP on

On June 9, 2016, Governor Malloy signed into law Public Act 16-189, “An Act Concerning Student Data Privacy” (the “Act”), which ushers in sweeping changes to the protection and use of student data. As schools increasingly...more

Advocate General’s opinion states that IP addresses are Personal Data

by Reed Smith on

On 12 May, the Advocate General’s (AG) opinion in Case C-582/14 Patrick Breyer v Germany was released, stating that dynamic IP addresses should be considered personal data for the purposes of EU data protection law. Although...more

The Hidden Danger for Retailers Doing Business in New Jersey

by Bryan Cave on

Have You Heard About New Jersey’s Truth in Consumer Contract, Warranty and Notice Act? New Jersey’s Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. §56:12-18 (“TCCWNA”), is the basis for a recent flurry...more

If You Sell Online, Your Fine Print May Put You At Risk: Wave of Lawsuits Targets Website Terms and Conditions Under the New...

by McCarter & English, LLP on

Nearly every business involved in online commerce or advertising includes disclaimers, limitations of liability, and other terms on its website’s Terms and Conditions or Rules of Use. Those Terms and Conditions are designed...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

FTC Follows in CFPB Footsteps with GLBA Privacy Notices

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) recently proposed amendments to its Gramm-Leach-Bliley Act (GLBA) rules requiring motor vehicle dealers to send their customers an annual privacy notice. The amendments would allow motor...more

New Guidelines on Online Profiling

by DLA Piper on

The Italian Data Protection Authority (Garante per la protezione dei dati personali, the “DPA”) just issued new Guidelines on online profiling aimed at further clarifying the privacy-related obligations for internet service...more

Is Ignorance Bliss for Website Users Confronting Terms of Use Agreements?

by Wilson Elser on

Have website agreements gone too far? Can too much disclosure cause people to no longer care enough about Terms of Use (TOU) to read them fully before agreeing to them?...more

Alert: New California Privacy Law for Minors Has Taken Effect as of January 2015

by Cooley LLP on

California S.B. 568, titled "Privacy Rights for California Minors in the Digital World," (the "Privacy Law") took effect January 1, 2015. The new Privacy Law includes a provision known as the "Eraser Law" that gives...more

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Is Your Website Ready for California’s “Minor Eraser” Law?

by Davis Wright Tremaine LLP on

Starting on Jan. 1, 2015, California’s new “Minor Eraser” law goes into effect and allows minors in California to remove content or information that they have posted as a registered user on a website, online service, online...more

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced...more

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

California May Soon Be Calling You

by Butler Snow LLP on

Recently California amended its privacy laws requiring website privacy notices for businesses outside California’s borders. If your business operates a commercial website that collects consumers’ personally identifiable...more

New CA Privacy Disclosure Requirements Clarified By AG

by BakerHostetler on

California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain...more

California Enacts Several Pieces of New Privacy Legislation

California is continuing to blaze new trails in the area of online data privacy. Gov. Jerry Brown recently signed into law several new pieces of privacy legislation. The new laws affect all operators of commercial Web sites...more

Privacy Update: Complying With COPPA Under The FTC's New Children's Online Privacy Protection Rules

by Polsinelli on

In December 2012, the Federal Trade Commission (FTC) issued updated rules to the Child's Online Privacy Protection Act (COPPA), which significantly expand COPPA's scope and application. COPPA, which governs the collection,...more

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

by Fenwick & West LLP on

After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

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Cybersecurity

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