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We Want Privacy by Default in E-commerce, Says the European Parliament

by K&L Gates LLP on

On 10 January 2017, the European Commission (‘Commission’) presented a proposal for a Regulation on Privacy and Electronic Communication (‘ePrivacy Proposal’). The main objective behind the proposed act is to align the...more

Behavioral Advertising Company That Dropped “Zombie” Cookies Can’t Use Verizon’s Arbitration Clause To Avoid Class Action Lawsuit

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

News Of Apple’s Software Update Causes Debate In Ad Tech Community

by King & Spalding on

On September 14, 2017, six major advertising groups addressed Apple with an open letter, asking the company to re-think its plans to introduce smart cookie-blocking technology in its upcoming software update for Safari in iOS...more

Proposed Massachusetts Tax Regulations for Online Vendors Effective October 1, 2017

by Bowditch & Dewey on

In response to public comments issued on September 8, 2017 that won’t be published in the Massachusetts Register until September 22, 2017, the Massachusetts Department of Revenue (“DOR”) will require online vendors to collect...more

Ninth Circuit: “Zombie” Cookie Installer Cannot Compel Arbitration Based on Verizon Arbitration Agreement

Takeaway: Non-parties who seek to rely on equitable estoppel to compel arbitration of claims based on an arbitration agreement they did not sign face an uphill battle in the Ninth Circuit. In In re Henson, No. 16-71818, 2017...more

Your Apps May Be Selling You Out

by Carlton Fields on

While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

“Give the Money to One Percenters, Not to Non-Profits,” 11 State Attorneys General Argue

by Kelley Drye & Warren LLP on

On July 5, bipartisan Attorneys General from 11 states filed an astonishing brief in the Third Circuit Court of Appeals, asking that court to reject the proposed class action settlement in In re Google Inc. Cookie Placement...more

French Data Protection Authority Clarifies Responsibilities for the Use of Cookies in Online Advertising

by Jones Day on

In the online advertising sector, achieving a successful advertising campaign often involves implementing cookies (small files stored on computers or mobile devices that contain information on the user's browsing history),...more

EU regulators welcome stricter rules on cookies and direct marketing

by White & Case LLP on

The European Commission has published a draft Regulation regarding cookies and electronic direct marketing. EU regulators have publicly welcomed the proposal, which has potentially significant consequences for all businesses...more

"Cookie Monster" Nexus and the Expanding Reach of the State Taxing Authorities

by Akerman LLP on

The cookie monster famously devours handfuls of cookies. Thanks to recent developments in states' thinking on physical presence, nexus, and internet commerce, states may use technology "cookies" to devour ever larger shares...more

Self-Regulatory Organizations Launch New Version of IBA Choice Tool: Allows Opt-Out of Cookieless Tracking

by WilmerHale on

Two self-regulatory organizations that promulgate transparency and choice standards for interest-based advertising (IBA) have created new beta versions of their consumer choice tools for setting preferences about digital...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Online Behavioral Advertising: A How-To Guide

by Bryan Cave on

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

Proposal for new European ePrivacy Regulation

by Dorsey & Whitney LLP on

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that...more

Draft Privacy and Electronic Communications Regulation published by European Commission

The European Commission has released proposals for new legislation that seeks to create stronger privacy in electronic communications. The draft Privacy and Electronic Communications Regulation (the “Regulation”) is intended...more

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

by Fenwick & West LLP on

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

EU Proposes Overhaul to Privacy and Electronic Communications

by Orrick - Trust Anchor on

January 10, 2017 marked another important step towards reform of the EU data protection framework, with the release of the EU Commission’s proposals for a new Regulation governing privacy and electronic...more

EU e-Privacy Regulation Raises Stakes for Compliance

by Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

FTC Settles with Targeted Digital Advertising Company over Supercookie Advertising Practices

by Ballard Spahr LLP on

The Federal Trade Commission (FTC) has entered into a proposed consent order requiring digital advertising company Turn Inc. to include a clear and conspicuous notice detailing how it collects, uses, or shares information...more

FTC Settles with Turn Over Alleged Privacy Policy Misrepresentations

by Kelley Drye & Warren LLP on

On Wednesday, the FTC announced that Turn, a California-based ad-tech firm, agreed to settle charges that it misrepresented its consumer tracking practices to Verizon Wireless customers. According to the FTC, such customers...more

Trick Or Treat: Cookies And Consumer Privacy In Online Advertising

by McManis Faulkner on

The proliferation of online goods and services means consumer data is available to those with a need or interest in possessing it. One method providers and third party partners employ to collect online consumer data is the...more

Supreme Court Denies Cert in Leading Case on Internet Tracking and Analytics

by Alston & Bird on

The Supreme Court recently declined to review In re Google Inc. Cookie Placement Consumer Privacy Litigation—a consolidated class action alleging that Google and third-party advertisers evaded web browser privacy settings,...more

In re Nickelodeon Consumer Privacy Litigation: An IP Address is Not Always Personally Identifiable Information

What’s the Case About? In re Nickelodeon Consumer Privacy Litigation is a multi-district consolidated class action filed on behalf of children under the age of thirteen alleging that Viacom used child directed websites it...more

Facebook and HIPAA: Strange Bedfellows

by Carlton Fields on

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

No VPPA Liability for Disclosure of Certain Anonymous Digital Identifiers

Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more

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Cybersecurity

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