It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more
8/19/2024
/ Behavioral Advertising ,
Business Associates ,
Corporate Counsel ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Marketing ,
PHI ,
Third-Party ,
Tracking Systems ,
Wiretap Act ,
Wiretapping
The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more
11/7/2023
/ Advertising ,
Behavioral Advertising ,
Cookie Banners ,
Cookies ,
Do Not Sell ,
EU ,
Opt-In ,
Opt-Outs ,
Privacy Laws ,
State Privacy Laws ,
Targeted Digital Advertising ,
Web Tracking
When the CCPA was enacted last year, BCLP published a Practical Guide to help companies reduce the requirements of the Act into practice. Following publication of the Guide, we wrote a series of articles that addressed...more
3/11/2020
/ Advertising ,
Behavioral Advertising ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cookie Banners ,
Cookies ,
Opt-Outs ,
Personal Information ,
Private Right of Action ,
Statutory Penalties ,
Websites
To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of Fortune 500 companies identified as primarily engaged in the banking and financial service sectors.
The following...more
2/28/2020
/ Adtech ,
Banks ,
Behavioral Advertising ,
California Consumer Privacy Act (CCPA) ,
Cookies ,
Data Privacy ,
Data-Sharing ,
Financial Services Industry ,
Opt-In ,
Right to Delete ,
Surveys
No.
The requirement to disclose “sales” of “personal information” to consumers is derived from the California Consumer Privacy Act (the “CCPA”), not European data privacy law....more
Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject.
A data subject’s consent to the use of analytics or...more
Yes.
European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more
7/30/2019
/ Advertising ,
Behavioral Advertising ,
Cookies ,
Data Protection ,
EU ,
General Data Protection Regulation (GDPR) ,
Opt-In ,
Personal Data ,
Prior Express Consent ,
Privacy Laws ,
Web Browsers ,
Websites
Generally speaking, cookies simply are data files saved to a user’s computer. Certain cookies may qualify as “personal information” under the CCPA, since the CCPA defines “unique personal identifiers,” to include “cookies”...more