California Consumer Privacy Act: The Challenge Ahead – The Impact of the CCPA on Data-Driven Marketing and Business Models

Hogan Lovells

This is the eighth installment in Hogan Lovells’ series on the California Consumer Privacy Act.

In the digital age, data is everything. “Big Data” feeds countless business processes and offerings. Businesses rely on data to enhance revenue and drive efficiency, whether by better understanding the needs of existing customers, reaching new ones in previously unimagined ways, or obtaining valuable insights to guide a wide array of decisions. Data also drives developments in artificial intelligence, automation, and the Internet of Things.

Come 2020, the California Consumer Privacy Act (“CCPA”) may significantly impact businesses’ data practices, with new and burdensome compliance obligations such as “sale” opt-out requirements and, in certain circumstances, restrictions on tiered pricing and service levels. The breadth of personal information covered by the CCPA, going beyond what is typically covered by U.S. privacy laws, will complicate compliance and business operations.

This entry in Hogan Lovells’ ongoing series on the CCPA will focus on implications for data-driven businesses–the rapidly increasing number of businesses that rely heavily on consumer data, whether for marketing, gaining marketplace insights, internal research, or use as a core commodity.

1.  The CCPA will apply to data-driven businesses of all sizes

Companies, especially those outside of California, may wonder whether they are subject to the CCPA. As discussed in a previous blog post, the statute applies to for-profit entities that (1) have greater than $25 million in gross annual revenues; (2) annually handle personal information of 50,000 or more consumers, households, or devices; or (3) derive 50% or more of annual revenue from selling personal information. These criteria will result in a wide swath of businesses being subject to the CCPA. For example, a website might only need 137 unique visitors from California per day to reach the threshold of 50,000 consumers. That website’s collection of data through cookies may be captured by the CCPA’s broad definition of personal information. And given the third criterion focused on revenue percentage, even very small businesses that regularly exchange data, for example in the online ecosystem, might be captured if their activities are deemed to be a “sale” under the CCPA.

2.  The definition of personal information is broad, and the exemptions for de-identified and aggregate information are unclear

Whether the extensive CCPA requirements will apply to various types of information that a business holds hinges on the statute’s definition of “personal information.” The CCPA’s definition covers an array of data even when it is not tied to actual identifying information. For example, personal information also encompasses data that “relates to … is capable of being associated with or could reasonably be linked directly or indirectly, with a particular consumer or household.” The data does not have to identify a consumer or household; merely relating to a particular consumer or household is sufficient.

Given that the information need not actually identify an individual consumer or household, a business’ handling of any number of data elements can trigger CCPA obligations. These data elements include, among others, geolocation information, biometric information, IP address, and other online identifiers; browsing history; search history; information about how consumers’ interact with websites, applications, or advertisements; and inferences drawn from these or other types of personal information that may be used to create a profile about a consumer. Using the online advertising ecosystem as an example, the CCPA approach therefore sweeps in much of the information relied on by, and disclosed among, online ad agencies, website publishers, ad exchanges, ad networks, ad buying and selling platforms, and other data businesses in the online ecosystem.

The statute does exempt from its restrictions the handling of data that is “deidentified or in the aggregate.” These exemptions have led some commentators to suggest that the impacts for certain data-driven businesses in the online advertising ecosystem may not be that significant. However, what counts as “de-identified” or “aggregate consumer information” under the CCPA may conflict with common understandings of those terms in the United States.

Under the CCPA, information is only de-identified if it “cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular consumer.” In addition, the business using it must adopt technical and procedural safeguards to prevent its re-identification, have business processes to prohibit re-identification, and it must not make any attempt to re-identify it. Businesses may today view information as “de-identified” even when information relates to a specific-but-unidentified individual. But the CCPA appears to upend this approach, though it is not clear how the California Attorney General, when enforcing the law, will interpret reasonable de-identification. An expansive reading of the CCPA approach to de-identification suggests that even if it would take sharing of information with a third party to actually identify an individual (based on other information the third party possesses), because the information was “capable of being associated with” a particular consumer, it would be personal information even before it was shared with the third party.

The definition of “aggregate consumer information” is similarly unclear. Under the CCPA, aggregate consumer information is “information that relates to a group or category of consumers . . . that is not linked or reasonably linkable to any consumer or household, including via a device.” As with de-identified data, businesses may currently share aggregated information that, through statistical techniques or in combination with other data sets, could enable some de-coupling of information or linking to an individual. Under the current definition, there is no clear threshold for when such information is “reasonably linkable” to a consumer, household, or device.

Given the lack of clarity surrounding these exemptions and the exceptionally broad definition of personal information, the CCPA has the potential to affect a wide range of common business practices, such as those involving the sharing of information that is sometimes currently understood to be de-identified or aggregate information.

3.  The CCPA’s new notice requirements may be challenging

Many data-driven businesses collect, combine, and analyze consumer data from multiple sources to gather insights into consumer preferences and behavior. Under the CCPA, these activities also raise new notice obligations. Businesses subject to the CCPA must notify consumers, at or before the point of collection, “of the categories of personal information collected and the purposes for which that information will be used.” The CCPA defines “collection” broadly to include buying, renting, gathering, obtaining, receiving, or accessing information.

While businesses maintaining first-party relationships with consumers may be able to develop a consumer-friendly and convenient mechanism for informing consumers at or before data collection, non-consumer-facing third parties may find complying with notice requirements to be challenging. For example, in the online advertising context, ad networks, exchanges, and other actors in the online ecosystem may find it practically challenging to satisfy this obligation given the lack of direct interaction with consumers. However, the CCPA does not define how consumers must be “informed.” Some might argue that even a non-consumer-facing business could satisfy such requirements by posting requisite disclosures on its own website. Alternatively, entities in the online ecosystem, potentially through industry groups or industry-wide initiatives, may develop mechanisms, contractual or otherwise, to ensure that publishers make appropriate disclosures covering these other entities’ activities.

4.  The right to opt-out of “sales” of personal information and restrictions on resale may disrupt data-driven business models

Under the CCPA, consumers may opt-out of sales of their personal information to third parties. The CCPA defines “sale” broadly to include not just the disclosure of personal information, but also merely “making [it] available, to another business or third party for monetary or other valuable consideration.” Again, in the online context, a website publisher may make information collected by its website (through cookies or otherwise) available to third party data exchanges or ad networks that use the information to facilitate the placement of ads for the publisher on third party sites or for third parties on the publisher’s site, or the third parties may use information they obtain to further supplement their own data or profiles. The services performed by the third parties for the publisher, based on the receipt of information, may be viewed as the sale of personal information. It may even be that the entity initially possessing the information is not actively disclosing it, but merely making it available to the other entity. There are many other situations where a data broker or other third party may be obtaining “personal information” (as broadly defined) for its own uses in exchange for a service. Under the CCPA, these scenarios may still require businesses to offer consumers the opportunity to opt-out of the data “sale.”

The CCPA also prohibits businesses from engaging in the resale of personal information—i.e., selling data that was sold to it (as opposed to selling data the business collected directly from a consumer)—absent providing consumers explicit notice and an opportunity to exercise the right to opt out of the resale. This provision may raise challenges for businesses such as data brokers whose business models center around selling the data they collect from various sources other than consumers. It will also impact the advertising middlemen that facilitate delivery of targeted ads for multiple companies based on information collected on individual publisher sites, who help companies link a consumer’s offline behavior (e.g., shopping at brick and mortar stores) with online behavior, or who help companies track a consumer across devices. Many commentators have noted that the right to opt out may severely hinder the operations of data brokers and other ad tech middlemen, while favoring “walled gardens”—closed or relatively closed ecosystems that collect and use information of their own users, and who enable advertising without allowing third parties to access their users’ information. Similar to the first party notice requirements mentioned above, the CCPA’s obligation to provide explicit notice prior to reselling data may be problematic for data-driven businesses lacking a first-party relationship with consumers.

Notably, there is an exception to a sale that may be helpful for certain data sharing arrangements. Under the CCPA, a sharing arrangement is not a sale where a business shares personal information with a “service provider” as necessary to perform a “business purpose” as long as it has provided notice of the sharing and has a contract with the service provider to prevent its use of the information for any reason other than performing the business purpose. The CCPA defines business purposes as “the use of personal information for the business’s or a service provider’s operational purposes, or other notified purposes.”

This sale exception for business purposes also requires that the use of personal information “be reasonably necessary and proportionate to achieve the operational purpose for which the personal information was collected or processed.” The personal information can also be used for another operational purpose if that purpose is “compatible with the context under which the information was collected.” The CCPA provides examples that include auditing; detecting security incidents; short term transient use if not disclosed to a third party or used for profiling; performing services on behalf of the business, which can include advertising and marketing services; internal research; and quality control. It will be important for businesses to understand the scope of this exception, which may enable various forms of sharing for a number of different purposes without triggering the “sale” opt-out.

To effectuate opt-out rights, companies may need to implement technical measures to respect consumer preferences. They may also need to renegotiate existing data sharing agreements to accommodate the right to opt-out where appropriate.

5.  Other consumers rights such as the right to access, portability, deletion, opt-in rights for minors, and anti-discrimination may be especially burdensome for data-driven businesses

The CCPA provides consumers with the right to access their personal information held by a business; the right to receive that information in an easily-transferable format, if provided electronically; the right to request deletion of any personal information (subject to several important exceptions); the right for minors to have opt-in consent for sale of personal information; and the right not to be discriminated against for exercising CCPA rights. While challenging for all businesses, complying with these rights may be uniquely burdensome on data-driven businesses based on the potential volume of data held, the value of that data to the business (with associated risks to allowing consumers to transfer and delete that data), and, in some cases, the lack of a first-party relationship with consumers, which can make it challenging to afford consumers these rights.

Right to Access: Consumers have the right to request businesses “disclose to that consumer the categories and specific pieces of personal information the business has collected.” This right, which consumers may exercise twice per year, obliges businesses to “disclose and deliver, free of charge to the consumer, the personal information” held. Companies must disclose all of the specific types of personal information the business holds, regardless of its source or where the business holds that information. Given the many different databases and servers frequently involved in operating a data-driven business, capturing all data may be logistically challenging, especially if the data is stripped of directly identifying information. Properly effectuating the right to access will thus require well-designed policies and a thorough understanding of one’s digital storage.

Right to Portability: When responding to a request for access to consumer information, businesses must comply with the portability requirement. Specifically, access requests fulfilled electronically “shall be in a portable and, to the extent technically feasible, in a readily useable format that allows the consumer to transmit this information to another entity without hindrance.” Respecting this right while protecting proprietary information, which for some businesses could include information such as marketing segments, may be challenging.

Right to Deletion: The CCPA also grants consumers the right to “request that a business delete any personal information about the consumer which the business has collected from the consumer.” In general, companies must comply with a verifiable consumer request. However, businesses may refuse deletion requests if the personal information is necessary for any of nine enumerated purposes. Among these exceptions are where information is necessary to comply with a legal obligation, to provide goods or services requested by the consumer, to detect security incidents, to protect against illegal activity, or to exercise free speech. In another particularly broad but ambiguous exception, businesses may refuse a deletion request if the information is necessary to use “internally, in a lawful manner that is compatible with the context in which the consumer provided the information.” It is possible that platforms with first-party relationships may have grounds to refuse a deletion request, even if they use the information for marketing purposes, so long as the use is internal and compatible with the context at the time of collection. Considering the breadth of potential exceptions, data-driven businesses should consider developing policies to assess and respond to deletion requests in a consistent fashion, ensuring consumers’ rights are respected while responsibly protecting their own data to the extent possible.

Affirmative Consent for Selling Personal Information of Minors Under 16: In addition to the general right to opt-out of the sale of personal information, the CCPA also imposes an affirmative consent requirement for the sale of personal information of any minor, if the business has “actual knowledge” the consumer is younger than 16 years. Such affirmative consent must be sought from parents or guardians of consumers under 13 or, for consumers aged 13 to 16, from the consumers themselves. While “actual knowledge” is undefined, the CCPA deems any business that “willfully disregards the consumer’s age” as having actual knowledge. Businesses in a first-party relationship with consumers are better situated to comply with the CCPA’s affirmative consent requirement. For example, they may be able to directly request the consumer’s age or employ technical measures such as an age verification system. But even companies without a first-party relationship are still required to seek affirmative authorization prior to selling information if they have actual knowledge of the consumer’s age, and they cannot willfully disregard indicia of age. Data-driven businesses should assess whether they are likely to engage in any activity that could be construed as “selling” personal information about consumers younger than 16 years, and if so, consider establishing protocols and procedures to mitigate risks.

Anti-discrimination Provision for Consumers Who Exercise Rights plus Additional Differential Treatment Condition: Under the CCPA, companies may not discriminate against consumers who exercise their rights. The CCPA specifically prohibits denying goods or services, charging different prices, providing a different level or quality of goods or services, or suggesting to the consumer any of the above will happen if they exercise their rights. However, the anti-discrimination provision makes clear that a business may offer different prices or rates or different levels of quality or goods or services “if reasonably related to the value provided to the consumer by the consumer’s data.” Cal. Civ. Code § 1798.125(a). Measuring the value provided to the consumer may prove difficult. A statutory approach that would have made more sense would have tied the value provided to the business by the consumer’s data.

Notably, in what appears to be a case of poor drafting, there is a separate clause that is not part of the anti-discrimination clause, and therefore not tied to a consumer’s exercise of rights that explicitly allows businesses to charge different prices or provide different levels of quality with the a similar qualifier to that used in the anti-discrimination provision, i.e., if the differences are “directly related to the value provided to the consumer by the consumer’s data.” Cal. Civ. Code § 1798.125(b).The qualifier is not tied to a prohibition, but it suggests as written, that any differential terms are restricted even in the absence of a consumer exercising a right if the differences are not tied to the value provided to the consumer for use of the consumer’s data. This subsection also specifies that financial incentives for the collection and sale of personal information require notice to consumers or if part of a financial incentive program, opt-in consent. The meaning and intent behind this provision is unclear. A forthcoming blog post will discuss the anti-discrimination provision and this separate but related provision in further detail.


The CCPA will impose substantial compliance obligations on all businesses that handle personal information of California consumers. Such obligations may pose particular challenges for the ever increasing array of businesses that leverage consumer data for analytics, profiling, advertising, and other monetization activities, particularly as the compliance requirements are not easily gleaned from the statutory language. Addressing these challenges will require creative, thoughtful approaches and may potentially involve industry-wide coordination to develop and advance practical solutions.

As a first step, data-driven businesses unsure of where they stand should consider assessing their personal information collection and use practices sooner than later. Armed with an understanding of the data they hold, whether it fits the broad definition of personal information, how it is collected, where it is stored and with whom it is shared, businesses can develop proactive strategies to achieve compliance, mitigate risks, and minimize the potential for disruption.


[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hogan Lovells | Attorney Advertising

Written by:

Hogan Lovells

Hogan Lovells on:

Readers' Choice 2017
Reporters on Deadline

Related Case Law

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.