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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

Google Halts Plan to Phase Out Third-Party Cookies: 3 Essential Next Steps for Businesses

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Google no longer plans to remove third-party cookies from its web browser, according to a July 22 announcement. Instead, the tech giant will explore other options that allow users to make informed choices that apply across...more

ArentFox Schiff

Criminalizing the Internet – Websites as ‘Trap and Trace Devices’ Under CIPA

ArentFox Schiff on

Have you recently visited a plaintiff lawyer’s website? If so, then you may be entitled to compensation under the most contrived California Invasion of Privacy Act (CIPA) theory yet. ...more

Shook, Hardy & Bacon L.L.P.

Website Adtech: What Every In-House Lawyer Must Know (Now!)

The biggest data privacy litigation risk companies currently face is class action litigation based on the use of certain website advertising technology (adtech). Are you wondering what this means for your company? This alert...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

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #222 – The Dating App Privacy Secret

I don’t know much about dating apps. I met my husband decades ago, long before the Internet, and the old-fashioned way—in college. But I know people who have used them, have been happy with them, have found their life partner...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more

Neal, Gerber & Eisenberg LLP

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...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

Hogan Lovells

New French Guidelines on Cookies and Trackers

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On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

Hogan Lovells

Cookie consent – What “good” compliance looks like according to the ICO

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On 3 July 2019, the UK data protection authority (the ICO) updated its guidance on the rules that apply to the use of cookies and other similar technologies.  The ICO has also changed the cookie control mechanism on its own...more

Orrick, Herrington & Sutcliffe LLP

Bavarian Data Protection Supervisory Authority Concludes After “Safer Internet Day Raid” that Investigated Companies Fail to...

The Bavarian Data Protection Authority (“BDPA”) took the “safer internet day” in February 2019 as an opportunity to conduct privacy checks on website operators....more

Carlton Fields

Your Apps May Be Selling You Out

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While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold or given to third parties via...more

Davis Wright Tremaine LLP

The Fingerprint File Doesn’t Have to Bring You Down: NAI Offers Advertisers Guidance on Digital Fingerprinting & Location...

Advertisers who use tools such as location data and newer non-cookie technologies to deliver interest-based advertising must carefully balance the use of those tools with consumer privacy. To achieve this balance, the Network...more

Proskauer - Privacy & Cybersecurity

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

Wilson Sonsini Goodrich & Rosati

European Data Protection Regulators Issue Further Guidance on How to Obtain Cookie Consent

Introduction - In early October 2013, the body of European data protection regulators (Article 29 Working Party or WP29) issued a working document providing further guidance on obtaining consent in compliance with the...more

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