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Privacy Policy Data Collection Consent

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

Benesch on

A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

Jackson Lewis P.C. on

Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Ius Laboris

New Data Protection Law Comes Into Effect in Mexico

Ius Laboris on

On 21 March 2025, the New Federal Law for the Protection of Personal Data in Possession of Private Parties came into effect, superseding and repealing the prior data protection law....more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

Baker Donelson on

In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Fox Rothschild LLP

What is Sufficient Consent?

Fox Rothschild LLP on

The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more

Fisher Phillips

California’s Latest Privacy Push: The Location Tracking Crackdown Businesses Can’t Ignore

Fisher Phillips on

Businesses operating in California that rely on location tracking – whether for fleet management, employee monitoring, logistics, or marketing – should pay close attention to a bill that would dramatically alter the legal...more

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

Womble Bond Dickinson on

On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

Klein Moynihan Turco LLP

Do You Need Help With TCR Registration?

If you are the owner of a telemarketing business, there is a good chance that you are familiar with The Campaign Registry (“TCR”). TCR registration is essential for businesses for several reasons. Crucially, it ensures that...more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

Fox Rothschild LLP on

A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

Fisher Phillips on

Wearable technologies are becoming increasingly common in the workplace, but a new guidance document from the Equal Employment Opportunity Commission (EEOC) has made it clear that employers need to tread carefully. From smart...more

Fisher Phillips

Colorado Unveils New Privacy Rules: What Businesses – Including Employers – Need to Know to Stay Compliant

Fisher Phillips on

The Colorado attorney general’s office just adopted significant updates to the Colorado Privacy Act (CPA) rules, which will soon introduce new obligations related to biometric data, employee biometrics, children’s privacy,...more

Fisher Phillips

Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law: 3 Tips to Stay Protected

Fisher Phillips on

Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first...more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

Womble Bond Dickinson on

Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Fisher Phillips

Do Dark Patterns Lurk on Your Website? 4 Steps Businesses Should Take as Regulators Focus on How Privacy Rights Are Presented on...

Fisher Phillips on

Businesses with a website beware: California regulators just warned that the law prohibits your website from making website users jump through hoops or otherwise confusing them as they try to exercise their privacy rights,...more

Adler Pollock & Sheehan P.C.

New York’s New Website Privacy Controls: What Your Business Needs to Know

In a significant move to enhance consumer privacy and promote transparency in digital practices, the New York State Attorney General recently published two critical guides: “Website Privacy Controls: A Guide for Business” and...more

Alston & Bird

Senate Passes Bill for Kids Online Safety and Privacy Act

Alston & Bird on

On July 30, 2024, in a 91-3 vote, the U.S. Senate passed the bill for the Kids Online Safety and Privacy Act (the “Bill”). The Bill, which combines the bills for the Kids Online Safety Act (“KOSA”) and the Children and Teens’...more

Akin Gump Strauss Hauer & Feld LLP

Senate Advances Landmark Tech Policy Priorities

Key Points - The Senate has passed landmark children’s online privacy and safety legislation via a near-unanimous vote shortly before departing for the August recess. The bill is comprised of revised versions of the Kids...more

Robinson+Cole Data Privacy + Security Insider

Rhode Island’s New Data Privacy Law

Some writers (not from my great state of Rhode Island) act like Rhode Island has been behind the times when it comes to data privacy and security when discussing Rhode Island’s new privacy law. I feel a need to explain that...more

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

Paul Hastings LLP on

In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...more

Fisher Phillips

Beyond HIPAA: What Businesses Need to Know as States Join Trend to Protect Consumer Health Data

Fisher Phillips on

For decades, medical providers and other covered entities have satisfied their health-data privacy obligations by complying with the federal Health Insurance Portability and Accountability Act (HIPAA) — but this is changing...more

Verrill

Glory, Glory, Hallelujah!

Verrill on

Remember that old parody of the Battle Hymn of the Republic we used to sing before there was an Internet? There are apparently many versions, but they all generally involve children inflicting various types of mayhem on their...more

K&L Gates LLP

Litigation Minute: Protecting Against Session Replay Suits (Session Replay Series: Part Four of Four)

K&L Gates LLP on

What You Need To Know In A Minute Or Less - Throughout this series, we have discussed the recent surge of session replay lawsuits—particularly in Pennsylvania, California, and Florida—and the potential for these cases to...more

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