California Consumer Privacy Act (CCPA), Cookie Banners

California's Privacy Regulator Issues Enforcement Guidance on How To Avoid "Dark Patterns" in Obtaining Consumer Consent

Davis Wright Tremaine LLP on 9/20/2024

On September 4, 2024, the California Privacy Protection Agency ("CPPA") announced that it issued an Enforcement Advisory ("Advisory") providing guidance on how to avoid using prohibited "Dark Patterns" to obtain consent from...more

Breaking News: California Can Immediately Enforce CCPA Regulations – Your 7-Step Plan for Data Privacy Compliance

Fisher Phillips on 2/13/2024

A California appeals court just pressed fast-forward and ruled that the state can immediately begin enforcing new regulations governing the state’s cornerstone data privacy law instead of waiting until late next month. This...more

Dechert Cyber Bits - Issue 27

Dechert LLP on 2/3/2023

FBI Seizes Hive Ransomware Servers—Blocks US$130 Million in Demanded Ransoms - On January 26, Attorney General Merrick Garland announced that the Department of Justice dismantled the “Hive” ransomware group, which had...more

Sephora Settles with California AG for $1.2M for Alleged CCPA Violations Relating to Third-Party Cookies and User-Enabled Opt-Out...

Faegre Drinker Biddle & Reath LLP on 9/14/2022

On August 24, 2022, California Attorney General Rob Bonta announced a settlement with Sephora for violations of the California Consumer Privacy Act (CCPA). The action places online consumer tracking, analytics and advertising...more

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

BakerHostetler on 2/16/2022

Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...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

Does the CCPA require a cookie banner when a business uses third-party persistent cookies?

BCLP on 7/6/2020

No. it is not clear whether persistent third party cookies do, or do not, constitute “personal information” under the CCPA. Among other things, whether the cookie can “reasonably be linked” to a particular consumer or...more

What percentage of American companies have started to deploy opt-in consent cookie banners to European website visitors?

BCLP on 6/26/2020

21% 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....more

How many American companies have started deploying cookie banners to European website visitors?

BCLP on 6/26/2020

42% European supervisory authorities have increasingly taken the position that, pursuant to the GDPR and the ePrivacy Directive, companies should notify visitors if they access or store information in a cookie, or if they...more

What industries utilize opt-in cookie banners the most, and the least?

BCLP on 3/19/2020

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

What industries utilize cookie banners the most, and the least?

BCLP on 3/18/2020

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

What percentage of opt-in cookie consent banners ignore visitors’ choices?

BCLP on 3/13/2020

56.6% 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

What percentage of websites deploy a simply “notice” cookie banner?

BCLP on 3/12/2020

2.8% 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

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on 3/11/2020

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

CCPA 2020: Answers to the Most Frequently Asked Questions Concerning Cookies and AdTech

BCLP on 3/11/2020

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

What percentage of websites offer visitors the ability to opt-out of the use of advertising cookies?

BCLP on 3/10/2020

2.6% 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

Survey of Healthcare and Medical Industries’ Privacy Practices

BCLP on 3/9/2020

To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of those Fortune 500 companies identified as primarily engaged in the healthcare and medical industries. The data shows...more

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on 3/6/2020

10.6% 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

What percentage of websites actually deploy a cookie banner?

BCLP on 3/5/2020

28% 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. ...more

January 2020: Survey of Fortune 500 Companies’ Privacy Representations

BCLP on 1/13/2020

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), companies have been forced to cope with a shifting privacy landscape that impacts the data that...more

January 2020: Survey of the Retail Industry’s Privacy Practices

BCLP on 1/7/2020

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), retailers have been forced to cope with a shifting privacy landscape that impacts the data that...more

Survey of the Retail Industry’s Privacy Practices - December 2019

BCLP on 12/30/2019

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), retailers have been forced to cope with a shifting privacy landscape that impacts the data that...more

Survey of Fortune 500 Companies’ Privacy Representations - December 2019

BCLP on 12/30/2019

With the enactment of the European General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act ("CCPA”), companies have been forced to cope with a shifting privacy landscape that impacts the data that...more

How many websites are using opt-in, opt-out, or deemed consent cookie notices?

BCLP on 12/20/2019

The term “cookie notice” or “cookie banner” refers to a banner, splash page, or other notice that deploys on a website to inform visitors that the site uses cookies. While cookie banners are fairly ubiquitous in the European...more

How many websites in the United States are deploying a cookie notice or banner?

BCLP on 12/20/2019

The terms “cookie notice” or “cookie banner” refer to a banner, splash page, or other notice that deploys on a website to inform visitors that the site uses cookies. While such disclosures are fairly ubiquitous in the...more

California Consumer Privacy Act (CCPA) › Cookie Banners

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