BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions
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
California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more
Three quarters of retailers that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 25% of retailers that do deploy a cookie notice are split in...more
Retailers are divided about whether the use of third party behavioral advertising cookies do, or do not, constitute the sale of personal information. One in four retailers (28%) utilize behavioral advertising cookies and take...more
Yes. As the following chart indicates, there is a wide disparity between the quantity of third party behavioral advertising cookies used by retailers...more
Approximately 69% of pharmaceutical companies that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 31% of pharmaceutical companies that do deploy...more
Yes. As the following chart indicates there is a wide disparity between the quantity of third party behavioral advertising cookies used by pharmaceutical companies within the Fortune 500...more
Approximately 78% of banks and financial institutions that deploy a significant number of third party behavioral advertising cookies on their websites do not utilize a cookie notice. The 22% of banks and financial...more
Yes. As the following chart indicates there is a wide disparity between the quantity of third party behavioral advertising cookies used by banks and financial service companies within the Fortune 500...more
Many companies participate in behavioral advertising networks. In order to participate in a network, a company places code on its website that permits a third party (the behavioral advertising network) to either (1) place...more
11.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more
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
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
5% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...more
In order to help companies understand and benchmark industry practice, BCLP analyzed a random sample of the homepages of the Fortune 500 to better understand their use of cookies, cookie notices, and cookie banners. As of...more
No. The CCPA does not expressly require that a company obtain consent from a website user before placing cookies on their browser...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
Arguably no. While the definition of “sale” under the CCPA contains an exception for situations in which information is shared with a service provider, that exception may not apply to the extent that a behavioral...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
The 9th Circuit Court of Appeals ruled that a non-party online behavioral advertising firm could not benefit from the arbitration clause in the agreement between Verizon and its customers because it was not a party to that...more
Behavioral advertising refers to the use of information to predict the types of products or services of greatest interest to a particular consumer. Online behavioral advertising takes two forms. ...more
As a social media user, you may have experienced Facebook’s targeted advertising. Mere moments after searching for a specific item on Google or visiting another website, your Facebook ads reflect your recent browsing history....more
The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to...more