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Cookies Data Collection Website Owner Liability

Fisher Phillips

California Court Rejects Attempt to Expand Third-Party Eavesdropping Claims to Internet Communications: How Your Business Can...

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Businesses just received some good news when a federal court dismissed a California Invasion of Privacy Act (CIPA) claim that aimed to expand the reach of the state’s wiretapping law to cover internet communications. The...more

Fisher Phillips

Businesses Get Big Privacy Win in Tester Plaintiffs’ Wiretapping Case: 3 Key Takeaways

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In a big win for businesses, a California federal court just held that a “tester” plaintiff – someone who visits websites for purposes of initiating litigation – cannot bring a claim under the California Invasion of Privacy...more

Fisher Phillips

From Search to Share: Court Holds Third-Party Interception of Search Bar Terms Can Support CIPA Claim

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As the privacy litigation landscape continues to take shape, search bars have quietly become a Trojan horse in online data collection, carrying new legal theories into the California Invasion of Privacy Act (CIPA) arena. The...more

Fisher Phillips

Tide May Be Turning in Businesses’ Favor After Key California Court Decisions in Website Tracking Cases

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Two recent court decisions have provided businesses with long-awaited clarity on the reach of the California Invasion of Privacy Act (CIPA) – and could begin to redefine digital privacy litigation for the better. Two separate...more

Wyrick Robbins Yates & Ponton LLP

Naughty and Nice: Recent Website Tracking Technology Cases Present Mixed Bag for Website Operators

Many people are thinking of holiday cookies at this time of year, but your favorite privacy lawyers are still thinking more about the non-delicious kind: those enabling common features on websites and online services. That’s...more

Arnall Golden Gregory LLP

California Invasion of Privacy Act Lawsuits: An Update

Over the past year, lawsuits under the California Invasion of Privacy Act (“CIPA”) have gained significant momentum, and there’s no sign of them slowing down. Both state and federal courts in California are seeing a rise in...more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

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Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

CDF Labor Law LLP

Tsunami of CIPA Class Actions Storming California Businesses

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California businesses are experiencing a tsunami of demands and complaints alleging class action status that applies the well-established 1960’s California Invasion of Privacy Act (CIPA) to the internet’s new technology. CIPA...more

Fisher Phillips

PEO Pointers – Are You Using Chatbots or Pixels on Your Website? Consider Mitigating Measures to Avoid Wiretapping Litigation

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Some common digital marketing techniques used by PEOs have become the recent target of data security litigation – and you should consider taking mitigating measures if your PEO deploys these strategies to put yourself in a...more

Mintz - Privacy & Cybersecurity Viewpoints

Ruling from Europe’s High Court: “Active” Consent Required for Cookies

The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more

Jones Day

ECJ Rules Companies Using Social Plugins Are Joint Controllers

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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

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