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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

WilmerHale

California’s Most Recent Privacy Developments: Location Data Investigative Sweep and a Continued Focus on Car Companies

WilmerHale on

In a press release on March 10, 2025, California Attorney General (“California AG”) Rob Bonta announced an investigative sweep focusing on California Consumer Protection Act (“CCPA”) compliance within the location data...more

Parker Poe Adams & Bernstein LLP

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more

Womble Bond Dickinson

The Cookies that May Bite Back

Womble Bond Dickinson on

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

BCLP

Cookies Banners and Beyond: How to Avoid Common Mistakes

BCLP on

The use of online tracking technologies for online behavioral advertising, analytics and related activities has come under increasing scrutiny by regulators in the U.S., Europe and elsewhere. The obligations under various...more

BCLP

Are consumers in Europe more likely than consumers in the United States to “opt-in” to cookies?”

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....more

Latham & Watkins LLP

Neue Anforderungen an Website-Betreiber durch BGH-Urteil zur Speicherung von Cookies

Latham & Watkins LLP on

Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil vom 28. Mai 2020 (Cookie-Einwilligung II-Urteil) darüber entschieden, welche Anforderungen die an Einwilligungen von Website-Nutzern in den Einsatz von Cookies zu...more

McDermott Will & Emery

Highest German Court rules on Cookie Consent (Planet49)

Although the German parliament has failed to transpose the Cookie Directive into German law, operators of websites must require explicit consent before setting cookies on users’ computers, the German Federal Court of Justice...more

BCLP

What industries utilize opt-in cookie banners the most, and the least?

BCLP on

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

BCLP

What industries utilize cookie banners the most, and the least?

BCLP on

The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of opt-in cookie consent banners ignore visitors’ choices?

BCLP on

56.6% The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

What percentage of websites deploy a simply “notice” cookie banner?

BCLP on

2.8% The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

BCLP

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on

11.6%  The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies.  Most cookie banners fall within three categories...more

BCLP

Survey of Healthcare and Medical Industries’ Privacy Practices

BCLP on

To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of those Fortune 500 companies identified as primarily engaged in the healthcare and medical industries. The data shows...more

BCLP

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on

10.6% The term “cookie banner” refers to a banner or splash page deployed on a website to inform visitors that the website uses cookies. Most cookie banners fall within three categories...more

BCLP

What percentage of websites actually deploy a cookie banner?

BCLP on

28% The term “cookie banner” refers to a banner, or splash page, deployed on a website to inform visitors that the website uses cookies. There is little standardization concerning how cookie banners are deployed. ...more

BCLP

Survey of Bank and Financial Service Companies' Privacy Practices

BCLP on

To help identify trends in privacy representations, BCLP reviewed the websites and privacy notices of Fortune 500 companies identified as primarily engaged in the banking and financial service sectors. The following...more

BCLP

Do retailers drop more cookies on Americans or Europeans?

BCLP on

Americans, but only slightly. United States companies consider several strategies for mitigating the risk that a supervisory authority might determine that they are subject to the GDPR (or the ePrivacy Directive)....more

Hogan Lovells

International Products Law Review 2020: Issue 76

Hogan Lovells on

We are excited to bring you issue 76 of our International Products Law Review with insights and updates on all aspects of products law. In this issue, we explore what businesses need to consider when making climate-related...more

BCLP

How many websites are using opt-in, opt-out, or deemed consent cookie notices?

BCLP on

The term “cookie notice” or “cookie banner” refers to a banner, splash page, or other notice that deploys on a website to inform visitors that the site uses cookies. While cookie banners are fairly ubiquitous in the European...more

BCLP

Do cookie banners receive different acceptance rates depending upon how many choices are provided to website visitors?

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

Does the placement of a cookie banner impact user acceptance rate?

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

White & Case LLP

CJEU: pre-ticked checkboxes for cookies are invalid

White & Case LLP on

The Court of Justice of the EU ("CJEU") has declared that pre-ticked checkboxes cannot be used to gain valid consent from individuals, with respect to the dropping and reading of cookies. This decision further emphasises the...more

Foley & Lardner LLP

Top European Court Rules Pre-Checked Cookie Consent Boxes Invalid

Foley & Lardner LLP on

Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more

Hogan Lovells

CJEU: Consent on the Internet Means ‘Opt-In’

Hogan Lovells on

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more

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