News & Analysis as of

Opt-In Cookies Opt-Outs

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

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

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 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

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

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

Latham & Watkins LLP

France’s CNIL Publishes New Guidance on Cookies

Latham & Watkins LLP on

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

BCLP

GDPR Privacy FAQs: Do Cookie Banners that Provide the Ability to Opt-Out of Analytics and Advertising Cookies Satisfy European...

BCLP on

Yes, provided that the “opt-out” selection is the default when the banner loads and no behavioural or analytics cookies load prior to an “opt-in” by the data subject. A data subject’s consent to the use of analytics or...more

BCLP

GDPR Privacy FAQs: What are the different types of cookie banners?

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.  There is little standardization concerning how cookie banners are deployed.  Different...more

BakerHostetler

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

BakerHostetler on

Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

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