News & Analysis as of

Information Commissioner's Office (ICO) Prior Express Consent

BCLP

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

BCLP on

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?

BCLP on

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

Sheppard Mullin Richter & Hampton LLP

UK ICO Settles with Marketer Over Unsolicited Email Messages

Grove Pension Solutions Ltd is a UK-based company that helps people get “pension releases,” i.e. getting money out of their pensions. The company uses a vendor to conduct lead generation. That vendor would identify...more

Hogan Lovells

ICO Issues Fine for Marketing Emails Disguised as Service Messages

Hogan Lovells on

The Information Commissioner’s Office (ICO) has issued a £70,000 fine against Flybe and a £13,000 fine against Honda Motor Europe Ltd for breaching Regulation 22 of the Privacy and Electronic Communications Regulations (PECR)...more

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