News & Analysis as of September 18, 2024

European Union › Opt-In

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

New Jersey Data Protection Act: What Businesses Need to Know

Akin Gump Strauss Hauer & Feld LLP on 2/14/2024

On January 16, 2024, New Jersey became the first state to enact a comprehensive data privacy law in the new year, with Gov. Phil Murphy (D-NJ) signing the New Jersey Privacy Act (NJPA) (SB 332) into law. The New Jersey law...more

Cookies Banners and Beyond: How to Avoid Common Mistakes

BCLP on 11/7/2023

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

Class Actions Worldview - A Study of Trends Around the Globe - Part I: Class Actions in the United States and the European Union

Jones Day on 8/9/2023

Although class actions have been common in the United States for decades, they have not been as widely used in the rest of the world. The situation and risks remain in flux, however, as more countries have renewed momentum to...more

Are consumers in Europe more likely than consumers in the United States to “opt-in” to cookies?”

BCLP on 7/16/2020

Yes. Most cookie banners can be classified into one of three general categories: (1) notice only banners, (2) notice + opt-out banners, and (3) notice + opt-in banners....more

Neue Anforderungen an Website-Betreiber durch BGH-Urteil zur Speicherung von Cookies

Latham & Watkins LLP on 6/30/2020

Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil vom 28. Mai 2020 (Cookie-Einwilligung II-Urteil) darüber entschieden, welche Anforderungen die an Einwilligungen von Website-Nutzern in den Einsatz von Cookies zu...more

Highest German Court rules on Cookie Consent (Planet49)

McDermott Will & Emery on 6/1/2020

Although the German parliament has failed to transpose the Cookie Directive into German law, operators of websites must require explicit consent before setting cookies on users’ computers, the German Federal Court of Justice...more

Do retailers drop more cookies on Americans or Europeans?

BCLP on 1/27/2020

Americans, but only slightly. United States companies consider several strategies for mitigating the risk that a supervisory authority might determine that they are subject to the GDPR (or the ePrivacy Directive)....more

International Products Law Review 2020: Issue 76

Hogan Lovells on 1/13/2020

We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

CJEU: pre-ticked checkboxes for cookies are invalid

White & Case LLP on 10/17/2019

The Court of Justice of the EU ("CJEU") has declared that pre-ticked checkboxes cannot be used to gain valid consent from individuals, with respect to the dropping and reading of cookies. This decision further emphasises the...more

Top European Court Rules Pre-Checked Cookie Consent Boxes Invalid

Foley & Lardner LLP on 10/15/2019

Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more

CJEU: Consent on the Internet Means ‘Opt-In’

Hogan Lovells on 10/2/2019

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more

France’s CNIL Publishes New Guidance on Cookies

Latham & Watkins LLP on 8/7/2019

The guidance provides general requirements for obtaining valid consent and details conditions under which audience management cookies may be exempt. On 4 July 2019, one day after the UK Information Commissioner’s Office...more

GDPR Privacy FAQs: Do Cookie Banners that Provide the Ability to Opt-Out of Analytics and Advertising Cookies Satisfy European...

BCLP on 8/5/2019

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

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

BCLP on 7/30/2019

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

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing...

BCLP on 7/26/2019

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

New French Guidelines on Cookies and Trackers

Hogan Lovells on 7/22/2019

On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

GDPR Privacy FAQs: What are the different types of cookie banners?

BCLP on 7/22/2019

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

EURid and EUIPO ramp up the fight against cybersquatting

Hogan Lovells on 5/31/2019

As part of a collaboration between EUIPO (the EU Intellectual Property Office) and EURid, a new service has been launched that allows EUTM (European trade mark) applicants and rights holders to opt-in to receive alerts as...more

Chapter 8: Consent – Unlocking the EU General Data Protection Regulation

White & Case LLP on 4/15/2019

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. Each and every data processing activity requires a lawful...more

GDPR’s Most Frequently Asked Questions: Can a company send an email to their database seeking consent to send direct marketing?

BCLP on 5/9/2018

The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

How Will The General Data Protection Regulation Affect Your Sweepstakes Across the Pond

Verrill on 4/18/2018

As was made pretty clear last week from the 1,400 hours of Congressional testimony by Mark Zuckerberg, the USA may want to follow the lead of the EU and adopt laws similar to the General Data Protection Regulation (GDPR). For...more

GDPR's Most Frequently Asked Questions: Are Companies Always Required To Get Opt-In Consent Before Doing Direct Marketing?

BCLP on 3/9/2018

The European Union’s General Data Protection Regulation (“GDPR”) is arguably the most comprehensive – and complex – data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more

New EU e-Privacy Regulation: European Parliament Committee Publishes Draft Report

Wilson Sonsini Goodrich & Rosati on 6/23/2017

The EU Parliament Committee in charge of reviewing the EU Commission's Proposal for an e-Privacy Regulation (Proposal) released a Draft Report proposing amendments this week....more

WilmerHale Privacy and Cybersecurity Law Blog - Comparison of Requirements Under the Privacy Shield/Safe Harbor Principles

WilmerHale on 7/26/2016

Notice Requirements - The Privacy Shield notice requirements are more specific and detailed than what was required by the Safe Harbor regime. Safe Harbor required a privacy policy to provide information on data...more

Requirements for valid consent – Why opting-in should not be optional

Orrick, Herrington & Sutcliffe LLP on 5/4/2016

The Düsseldorfer Kreis, a committee made up of representatives of German data protection authorities, recently published guidance on the requirements for obtaining valid consent to the collection, processing and use of...more

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European Union › Opt-In

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