News & Analysis as of

Cookies Data Collection European Union

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

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Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more

Fox Rothschild LLP

A Cookie Is Not Just a Cookie: EDPB Issues Draft Guidelines on Art 5(3) ePrivacy Directive

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A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...more

McDermott Will & Emery

European Regulators Provide Some Key Clarifications on Cookie Banners

McDermott Will & Emery on

The European Data Protection Board (EDPB) adopted a draft report of the work undertaken by the Cookie Banner Taskforce (the Report). The Report describes how regulators apply cookie legislation in handling certain types of...more

Alston & Bird

Belgian Supervisory Authority Sanctions News Media Company for Violating Cookie Rules

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On May 25th, the Belgian Supervisory Authority (“GBA”) announced that it had imposed a fine of EUR 50,000 on a Belgium-based news media company for using cookies on its websites without complying with applicable cookie law...more

BakerHostetler

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

BakerHostetler on

Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies - Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our...more

McDermott Will & Emery

[Webinar] Mitigating Risk Exposure Under Evolving Global Cookies Regulations - May 19th, 12:00 pm - 1:00 pm EDT

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The regulation of cookies and similar tracking technologies is rapidly evolving, not only in the European Union and United Kingdom but also in the United States and globally. If you have visited a website recently, you might...more

Hogan Lovells

CNIL Publishes FAQ Clarifying Cookie Use

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The French Data Protection Authority (CNIL) published an FAQ on March 18, 2021 to further explain its earlier guidelines and “recommendation” on cookies and other tracking technologies, which were published on September 17,...more

BakerHostetler

International Data Protection Update – First Quarter 2021

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This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

Fox Rothschild LLP

Spanish Data Privacy Regulator Issues New Cookies Guidance

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Cookies and trackers sat on a wall. Cookies and trackers had a great fall. …and all the regulators and all DPAs couldn’t put cookies together again. The Spanish Agencia Española de Protección de Datos AEPD has issued a...more

Morgan Lewis - Tech & Sourcing

Germany: Consent Required – No Opt-Out for Cookies

The German Federal Court of Justice (BGH) ruled on May 28 that an opt-out for cookies settings is inadmissible under German law under Section 15(3) of the German Telemedia Act (TMG) in conformity with the ePrivacy Directive...more

Alston & Bird

European Data Protection Board Clarifies Guidelines on Consent to Address ‘Cookie Walls’ and ‘Scroll-to-Accept’ Practices

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On May 4, 2020, the European Data Protection Board (‘EDPB’) adopted updated guidelines on the meaning of ‘consent’ under the EU’s General Data Protection Regulation (‘GDPR’)....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

Hogan Lovells

Recent Developments on Cookies – a Pan-European Overview

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The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more

Orrick, Herrington & Sutcliffe LLP

EUR 30,000 For A “Simple Cookie Banner”?!? – Spanish Supervisory Authority Fined For Non-Compliance

The Spanish supervisory authority agencia española protección datos (“Supervisory Authority”) has issued a fine against an airline based on their use of a cookie banner, which the Supervisory Authority considered not to be...more

Jones Day

GDPR vs. ePrivacy Directive: CNIL's Revised Guidelines for Use of Cookies and Other Trackers

Jones Day on

The Situation: The European Union's General Data Protection Regulation ("GDPR") has been effective since May 2018 and has resulted in increased requirements for obtaining consent for the processing of personal data. However,...more

Akin Gump Strauss Hauer & Feld LLP

Continuing GDPR Pressure for Adtech

Data protection authorities (DPAs) in the European Union (EU) continue to scrutinize practices in the adtech sector for compliance with the EU’s General Data Protection Regulation (GDPR) and local data protection and...more

Jones Day

ECJ Rules Companies Using Social Plugins Are Joint Controllers

Jones Day on

The Situation: Fashion ID, a German online clothing retailer, embedded on its website the Facebook "Like" button. When a user consults the website of Fashion ID, that user's personal data are transmitted to Facebook Ireland....more

Wilson Sonsini Goodrich & Rosati

Website Operator Jointly Liable for Data Collection and Transmission Through Facebook "Like" Button

On July 29, 2019, the European Court of Justice (ECJ) issued its decision in FashionID (Case C-40/17), determining that website operators are jointly liable with plugin providers for data collection and transmission through...more

BakerHostetler

EU Regulators Increase Focus on Cookie Practices

BakerHostetler on

In the absence of cookies-related guidance and enforcement by regulators against ordinary website publishers and operators, many e-commerce sites, online publishers and other website operators have taken a “wait and see”...more

Fisher Phillips

Come to the Dark Side, We Have Cookies

Fisher Phillips on

Have you noticed recently that when you click on most websites a notice appears stating that the host uses cookies? Many are aware that on May 25, 2018, the GDPR (“Global Data Protection Regulation”) took effect. The law...more

Alston & Bird

Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities

Alston & Bird on

On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the...more

Ballard Spahr LLP

EU e-Privacy Regulation Raises Stakes for Compliance

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

Robinson+Cole Data Privacy + Security Insider

Facebook Wins Appeal Over Storing Non-User Data in Belgian Court

The Belgian data protection authority has lost its legal battle with Facebook over whether the social network could track the online activities of non-Facebook users in Belgium who visit Facebook pages....more

Pillsbury - Global Sourcing Practice

New EU Cookie Guidance: Crumbs of comfort or confusion?

As many who have struggled to find a clear way to comply will know, an important change to the EU E-Privacy Directive (implemented by many EU states late 2011/2012) meant that, in summary, websites which...more

BakerHostetler

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

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Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

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