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Consent e-Privacy Directive

BCLP

EU Cookie Banners: EU Cookie Banner Task Force Report Homes in on Unlawful Practices

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On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more

K&L Gates LLP

GDPR, Cookies, and the Ever-Filling Jar of European Data Protection

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European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more

Morgan Lewis

Pending EU ePrivacy Regulation Could Bring Major Changes to Metadata Processing, Cookie Consents

Morgan Lewis on

The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

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It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | November 2019

EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more

White & Case LLP

CJEU: pre-ticked checkboxes for cookies are invalid

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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

Foley & Lardner LLP

Top European Court Rules Pre-Checked Cookie Consent Boxes Invalid

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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

Orrick, Herrington & Sutcliffe LLP

No Consent, No Cookie! CJEU Issues Far-Reaching Decision on Cookie Consent

In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that “passive” acceptance of cookies through prechecked...more

Ballard Spahr LLP

Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling

Ballard Spahr LLP on

The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still...more

BCLP

GDPR Privacy FAQs: Do cookie banners that simply disclose the use of analytics or behavioral advertising cookies satisfy European...

BCLP on

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

BCLP

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

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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

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

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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

Hogan Lovells

The French Data Protection Authority Gets Ahead of the Game With New Rules on Cookie Consent Before the ePrivacy Regulation...

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The French Data Protection Authority (the CNIL) has made targeted online advertising a priority topic in its 2019-2020 agenda and has changed its position on cookie consent. Although the ePrivacy Regulation is still being...more

Hogan Lovells

Crumbs of Comfort: the Advocate-General’s Opinion on Consent and Cookies in Planet49

Hogan Lovells on

It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving...more

Latham & Watkins LLP

What Companies Can Learn From CNIL’s Privacy Consent Cases on Targeted Marketing

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The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR. The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

“We’re Updating Our Privacy Policies” - Consent Under the GDPR

With the General Data Protection Regulation (GDPR), the European Union’s new privacy law having come into effect on 25 May 2018, thousands of companies have been flooding inboxes in recent weeks with emails asking for consent...more

BCLP

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

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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

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