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Dechert LLP

Dechert Cyber Bits - Key Developments in Privacy & Cybersecurity - Issue 49

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FTC Announces Proposed Settlement with Software Provider to Settle Allegations that its Inadequate Security Safeguards Led to Cyberattack - On February 1, 2024, the Federal Trade Commission (“FTC”) announced a proposed...more

Sheppard Mullin Richter & Hampton LLP

UK ICO Uses AI In Cookie Banner Review

The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more

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

McDermott Will & Emery

European Regulators Provide Some Key Clarifications on Cookie Banners

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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

Orrick, Herrington & Sutcliffe LLP

UK Data: A New Direction – UK Government Responds to Consultation

On 16 June 2022, the UK government’s Department for Digital, Culture, Media and Sport (“the DCMS”) published its response to its Data Reform consultation. The response sets out the UK government’s key data protection reform...more

Fox Rothschild LLP

Shape Up Or Ship Out: UK Information Commissioner’s Office Issues New Opinion Regarding Adtech Initiatives

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What does the U.K. Information Commissioner’s Office have to say about what it takes for adtech initiatives to be compliant with data protection? “There is an opportunity for market participants to move towards developing...more

Fox Rothschild LLP

The (Internet) Cookies Continue To Crumble

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The UK’s Information Commissioner’s Office (ICO) is taking on cookie banners. The office will call on fellow G7 data protection and privacy authorities to work together to overhaul cookie consent pop-ups in favor of...more

Carlton Fields

The Impending Cookie “Crackdown”: Irish Data Protection Commission Expected To Start Enforcement of Its Cookie Guidance This Fall

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Following its Guidance issued on April 6, 2020, the Irish Data Protection Commission signaled its intent to begin enforcement against companies who fail to adhere to the Commission’s guidelines on the use and management of...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

BCLP

GDPR Privacy FAQs: What are the major differences between the Information Commissioner’s Office guidance on cookies and the CNIL’s...

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The Information Commissioner’s Office or the “ICO” is the British supervisory authority charged with enforcing GDPR. The Commission Nationale de l’informatique et des libertes (the “CNIL”) is the French supervisory authority....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

K&L Gates LLP

The Privacist - Volume 1

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BREXIT: DEAL OR NO-DEAL? DATA IS THE QUESTION - With the Brexit deadline looming ahead on 31 October 2019, the situation seemingly reaches new levels of uncertainty every day. Last week, the U.K. Supreme Court’s eleven...more

BCLP

ECJ Issues First Cookie Decision After GDPR

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On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

Latham & Watkins LLP

Adtech and Real Time Bidding in the Regulatory Crosshairs

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UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real...more

Latham & Watkins LLP

France’s CNIL Publishes New Guidance on Cookies

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The guidance provides general requirements for obtaining valid consent and details conditions under which audience management cookies may be exempt. On 4 July 2019, one day after the UK Information Commissioner’s Office...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

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

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Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...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

Fox Rothschild LLP

Which Cookies Are ‘Strictly Necessary?’ The UK’s Information Commissioner’s Office Provides Guidance

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Strict is for cookie, that’s good enough for me. The United Kingdom’s Information Commissioner’s Office highlights “strictly necessary” cookies: Strictly necessary cookies are cookies which are essential, not just nice...more

Fox Rothschild LLP

CNIL, ICO Offer Differing Approaches To Analytics Cookies

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Analytics cookies in the crossfire. Different approaches set forth in the CNIL Guidance and in the ICO cookie guidance. CNIL – Set list of terms to qualify for an exemption from the need to obtain consent....more

Latham & Watkins LLP

UK’s ICO Publishes New Guidance on Cookies

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The guidance clarifies the interplay between the PECR and GDPR and provides practical steps to achieving cookie compliance. The UK’s data protection supervisory authority, the Information Commissioner’s Office (ICO),...more

Pillsbury - Internet & Social Media Law Blog

UK Privacy Regulator Takes Aim at the AdTech Industry

The UK Data Protection Authority, the Information Commissioner’s Office (ICO), has published an update report on privacy issues around real-time bidding (RTB) and programmatic advertising. ...more

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