So far, the German, French and British supervisory authorities have released guidance specifically addressing cookies in 2019. The German guidance was published in April 2019...more
$2,500 for each violation and $7,500 for each intentional violation.
The CCPA only provides a private right of action to any consumer whose unencrypted sensitive-category information has been breached as a result of a...more
On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more
10/3/2019
/ CNIL ,
Consent ,
Cookies ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
EU ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Lottery ,
Online Advertisements ,
Personal Information ,
Sweepstakes ,
UK ,
Websites
The California Consumer Privacy Act ("CCPA") was put together quickly (in approximately one week) as a political compromise to preempt a proposed privacy ballot initiative that contained a number of problematic provisions. ...more
Maybe.
The GDPR does purport to allow data subjects to bring private rights of action. Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more
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
Probably not.
A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more
Likely no.
The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent. In order for consent to comply with the...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
Yes.
European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and analytics cookies that are unnecessary for the functioning of the website. With respect to...more
Probably not.
A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person. Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more
7/24/2019
/ Consent ,
Cookie Banners ,
Cookies ,
e-Privacy Directive ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Personal Data ,
Popular ,
Prior Express Consent ,
Privacy and Electronic Communications Regulation 2003 (PECR). ,
UK
The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. There is little standardization concerning how cookie banners are deployed. Different...more
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