News & Analysis as of

Third-Party General Data Protection Regulation (GDPR)

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

MoFo Tech

Dirty Data Damaging Deals – Data Issues in AI M&A

MoFo Tech on

2024 saw strong interest in M&A involving companies that use or develop AI offerings. The rise of AI has brought new issues for dealmakers. In particular, 2024 also saw regulators focusing further on the collection and use of...more

Good2bSocial

Navigating A Cookieless Future: PPC Strategies For Law Firms in a Privacy-First World

Good2bSocial on

The world of digital advertising is always changing. Google’s recent move to delay the end of third-party cookies gives us a bit more time, but the push for better user privacy and data protection is here to stay. In this...more

Paul Hastings LLP

Latest Draft Comprehensive Data Privacy Legislation is Released

Paul Hastings LLP on

Two key members of Congress unveiled the latest iteration of a proposed nationwide comprehensive privacy and data protection bill this past week. House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate...more

Society of Corporate Compliance and Ethics...

Third-party due diligence: Are supplier questionnaire(s) the answer?

Numerous laws (U.K. Bribery Act guidance document, German Supply Chain Act, Foreign Corrupt Practices Act resource guide, OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and...more

WilmerHale

The EU Data Act: A new European legal framework with rules for data access, switching cloud providers and interoperability

WilmerHale on

On 22 December 2023, the EU published Regulation (EU) 2023/2854, the Data Act, in the Official Journal of the EU. The Data Act is a new regulation providing harmonised rules on access to data, switching cloud providers and...more

NAVEX

Understanding the Updates and Implications of the EU Corporate Sustainability Due Diligence Directive

NAVEX on

On February 23, 2022, the European Commission released a proposal for the Corporate Sustainability Due Diligence Directive (CSDDD or the Directive). The Directive aims to mandate both EU and non-EU companies that conduct...more

J.S. Held

Top 4 Cybersecurity Headaches Plaguing Financial Services Institutions

J.S. Held on

Most Financial Services Institutions (FSIs) have digital technology at their core. And a primary responsibility for most FSIs is “cyber-connect” customers – be they organizations or individuals – with their money simply and...more

Reveal

CCPA Compliance Checklist [Ultimate 2023 Edition]

Reveal on

“We hope today’s settlement sends a strong message to businesses that are still failing to comply with California’s consumer privacy law. My office is watching, and we will hold you accountable.” These were the words of...more

Fox Rothschild LLP

Beware of Third-Party Trackers Like Meta Pixel. Ignoring Them Could Be Costly.

Fox Rothschild LLP on

If you are dealing with sensitive information of any kind (yes, this includes precise geolocation, ethnicity, sexual orientation, etc), but especially health information (and yes, reproductive health information too), do...more

Paul Hastings LLP

China Enhances Scrutiny for Cross-Border Data Transfer that would Impact Multinational Companies

Paul Hastings LLP on

1. Introduction- China’s cross-border data transfer rules are unfolding in real time and taking clearer shape. On July 7, 2022, China’s cybersecurity regulatory agency, the Cyberspace Administration of China (“CAC”), issued...more

Spirit Legal

Plötzlich Parteisympathisant: Fotos im modernen Meinungskampf

Spirit Legal on

Bilder für politische Werbung: Datenschutzrecht, Persönlichkeitsrecht, Urheberrecht – Politische Parteien können sich einer Vielzahl von Ansprüchen ausgesetzt sehen, wenn sie Fotos verwenden, ohne die Rechte hinreichend...more

BakerHostetler

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Three

BakerHostetler on

Welcome to the third installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into third-party cookies for a baseline understanding of the technology and the...more

Jackson Lewis P.C.

The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention

Jackson Lewis P.C. on

Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for...more

Fox Rothschild LLP

The ‘Morning After’ Third Party Cookies

Fox Rothschild LLP on

The development of alternative techniques to “third-party” cookies cannot be done at the expense of the right of individuals to protect their personal data and privacy, according to France’s Commission Nationale de...more

Fox Rothschild LLP

EDPB Ruling Provides Takeaways For DPA Standard Contractual Clauses

Fox Rothschild LLP on

The EDPB issued an opinion on the draft Standard Contractual Clauses (SCC) for a controller-processor data processing agreement under Article 28 (Data Processing Agreements) submitted by the Lithuanian supervisory authority. ...more

Jackson Lewis P.C.

Data Protection And The Role Of Vendor Management

Jackson Lewis P.C. on

The SolarWinds hack highlights the critical need for organizations of all sizes to include cyber supply chain risk management as part of their information security program. It is also a reminder that privacy and security...more

ArentFox Schiff

Third-Party Cookies Going Stale: The Depletion of Third-Party Cookies

ArentFox Schiff on

Tides of change in the digital advertising and regulatory landscape over the last few years have recently ushered in an increasingly likely future without third-party cookies. Background – An Abbreviated History of Recent...more

Spirit Legal

The end of dark patterns in “cookie walls”: German court bans deceptive designs

Spirit Legal on

Website operators are not permitted to use cookies and similar tracking technologies for analysis and marketing purposes without the informed consent of users, if this involves sharing personal data with third parties and...more

Sheppard Mullin Richter & Hampton LLP

2020 In Review: Exchanging Data With Business Partners

Throughout 2020, companies have been negotiating with their business partners the issue of “selling” under CCPA. Is the partner a service provider? A third party? Is there an exchange of consideration? These issues will not...more

Constangy, Brooks, Smith & Prophete, LLP

Californians Take Another Step Toward European-Style Privacy Protection With The CPRA

On November 3, California voters passed the California Privacy Rights Act, a ballot initiative that substantially amplifies data privacy oversight for qualifying enterprises doing business in California. Although it builds...more

Spirit Legal

CJEU: Website operators are "jointly responsible" for embedding social media or 3rd party code

Spirit Legal on

Website and app operators are jointly liable with Facebook for violations of European data protection law - In its judgment of 29 July 2019 (ref.C-40/17), the European Court of Justice has ruled on two essential points...more

Fox Rothschild LLP

Apps Controlling Access In The Age Of COVID-19: The Spanish AEPD Weighs In

Fox Rothschild LLP on

Spanish data protection authority Agencia Española de Protección de Datos (AEPD) has published helpful guidelines on the data protection aspects of using mobile apps intended to control access to places of business while the...more

BCLP

What types of “interests” are sufficient to justify processing based upon the legitimate interests of a controller?

BCLP on

The GDPR prohibits a company from processing personal data unless one of six “lawful purposes” are present. One of those lawful purposes occurs when processing is necessary for a “legitimate interest pursued by the controller...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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