News & Analysis as of

Cookies Websites General Data Protection Regulation (GDPR)

Hogan Lovells

Dutch DPA intensifies cookie enforcement – key takeaways

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On 15 April 2025, the Dutch Data Protection Authority (DPA) issued warnings to 50 organisations, including online retailers, media companies, and insurers, for deploying misleading cookie banners or unlawfully placing...more

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

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

Osano

What Is a Cookie Notice, and Why Do You Need One?

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With the advent of ad blockers, it seemed like we were just on the cusp of distraction-free web browsing—and then data privacy regulations had to come along. Now, nearly every website has to bombard you with cookie popups and...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

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The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

Foley Hoag LLP - Security, Privacy and the...

Time to Update Your Cookie Banners? Helpful Guidance from the European Data Protection Board on Bad Cookie Banner Practices

When it comes to website privacy compliance, cookies have consistently presented the most fraught issues for U.S. businesses.  This is especially true for those businesses that find themselves in a sometimes new or often...more

Fox Rothschild LLP

CJEU Advocate General Issues Opinion on Meta vs. the German Bundeskartellamt

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What does the Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case of Meta vs. the German Bundeskartellamt tell us regarding the scope of what constitutes “sensitive information,” “contractual...more

Benesch

The Cookie Crumbles? EU Advocacy Group Files 226 Complaints Alleging Cookie Consent Violations

Benesch on

Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements. In early August, the European Union data protection advocacy...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

Pillsbury Winthrop Shaw Pittman LLP

Record €210 Million in Fines for Breach of Cookies and Website Tracking Rules—Note e-Privacy Directive, Not Just GDPR

France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more

Latham & Watkins LLP

Privacy Group Launches Cookie Complaints Campaign Against EU Website Operators Based on Its Interpretation of Cookie Rules

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The privacy organisation noyb will file more than 10,000 complaints for use of cookies contrary to its interpretation of compliance. On 31 May 2021, the nonprofit privacy organisation noyb (short for “none of your...more

Hogan Lovells

NOYB goes to war on the cookie banner terror

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On 31 May 2020, Max Schrems' organization, NOYB, launched a new campaign aimed at ending what they dramatically refer to as the “cookie banner terror.” The campaign was spearheaded by sending over 560 draft complaints to...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

Spirit Legal

The end of dark patterns in “cookie walls”: German court bans deceptive designs

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Website operators are not permitted to use cookies and similar tracking technologies for analysis and marketing purposes without the informed consent of users, if this involves sharing personal data with third parties and...more

Spirit Legal

[Webinar] CCPA / CPRA for US and EU businesses: Deep dive on CCPA's impact on European Businesses: A webinar for German and...

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CCPA / CPRA for US and EU businesses - Deep dive on CCPA's impact on European Businesses: A webinar for German and European businesses. Main Topics - Is my business affected by CCPA and why? - I am already GDPR...more

Womble Bond Dickinson

Toss Out the Milk, The Cookie Party is Over

Womble Bond Dickinson on

For 25 years – since the introduction of Internet Explorer 2 – our browsers supported third-party cookie technology that formed the basis of internet advertising. The cookie party is ending. Tech lawyers and business...more

Akin Gump Strauss Hauer & Feld LLP

Revisions to the EDPB Guidelines on Consent: Cookie Walls and Scrolling Through

On May 4, 2020, the European Data Protection Board (EDPB) adopted two important revisions to its 33-page Guidelines on Consent (Guidelines) under the General Data Protection Regulation (GDPR). The Guidelines are highly...more

BCLP

What percentage of United States retailers configure their cookie notice to respond differently to visitors with European IP...

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5% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...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

BCLP

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

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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

BCLP

Survey of Fortune 500 Companies’ Privacy Representations - December 2019

BCLP on

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

BCLP

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

BCLP on

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

BCLP

Do cookie banners receive different acceptance rates on desktops and on smartphones?

BCLP on

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.  If a company chooses to adopt a cookie banner that...more

BCLP

GDPR Privacy FAQs: Can organizations rely on browser settings to gain consent to the deployment of cookies?

BCLP on

Likely not. While the UK’s Privacy and Electronic Communications Regulation suggests that, in some circumstances, consent may be inferred when a subscriber amends or sets controls in an internet browser, the ICO has...more

BCLP

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

BCLP on

No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

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