News & Analysis as of

Terms and Conditions Website Owner Liability

Frost Brown Todd

Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

Frost Brown Todd on

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court of Appeals for the Fourth Circuit issued its published decision in Dhruva v. CuriosityStream, Inc. ...more

Venable LLP

Ninth Circuit Rejects Dark Patterns Challenge to Arbitration Agreement

Venable LLP on

The Ninth Circuit has never been shy about declining to compel arbitration, and the Court has issued multiple cases outlining what constitutes sufficient notice of certain provisions in consumer-facing terms and conditions,...more

Fenwick & West LLP

HiQ Labs Scrapes by Again: The Ninth Circuit Reaffirms that Data-Scraping Does Not Violate the CFAA

Fenwick & West LLP on

In a much-anticipated ruling this week addressing the confluence of website scraping and computer hacking law, the U.S. Court of Appeals for the Ninth Circuit became the latest federal court to limit the reach of the Computer...more

Proskauer - Minding Your Business

Beware of the Fine Print: Website Design Choices that Carry Legal Significance

Website owners who seek to bind visitors to the terms of an arbitration agreement must make those terms “reasonably conspicuous” under the law, and website visitors must “manifest unambiguous assent” to those terms. That...more

BCLP

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

BCLP on

No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

Sunstein LLP

Exploitation of Publicly Available Website Data May be Unstoppable

Sunstein LLP on

Data scraping is a technique by which automated tools are used to extract data from a website and format the data for analysis. Many companies mine website users’ publicly accessible data in order to tailor products and...more

McAfee & Taft

I accept!

McAfee & Taft on

So, you’re ready to launch your new online business or mobile app. The website looks great, and the app tile has an elegant, simple design that’s sure to stand out on phone and tablet screens. Missing anything? Oh, yeah, that...more

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