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Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...more

McDermott Will & Emery

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

McDermott Will & Emery on

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more

Fox Rothschild LLP

A Cookie Is Not Just a Cookie: EDPB Issues Draft Guidelines on Art 5(3) ePrivacy Directive

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A cookie is not just a cookie, according to the European Data Protection Board. It’s also similar technologies, and access and Internet of Things (IOT). Here are some key takeaways you need to know from the EDPB’s draft...more

BCLP

EDPB Explains EU EPrivacy Cookie Rules Apply to Emerging Online Tracking Tools - New Recipes, Same Flavour?

BCLP on

On 14 November 2023, the European Data Protection Board (EDPB) adopted guidelines on the technical scope of Article 5(3) of the ePrivacy Directive (Directive 2002/58/EC, as amended) (ePD). This reflects the EDPB's intent to...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

Alston & Bird

Belgian Supervisory Authority Sanctions News Media Company for Violating Cookie Rules

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On May 25th, the Belgian Supervisory Authority (“GBA”) announced that it had imposed a fine of EUR 50,000 on a Belgium-based news media company for using cookies on its websites without complying with applicable cookie law...more

BakerHostetler

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

BakerHostetler on

Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies - Welcome to our second installment in our five-part series preparing you for the post-cookie world. In our...more

Pillsbury Winthrop Shaw Pittman LLP

Record €210 Million in Fines for Breach of Cookies and Website Tracking Rules—Note e-Privacy Directive, Not Just GDPR

France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more

Fox Rothschild LLP

Cookies Are a Thing And Other Stuff You Need to Know About Data Security

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While presenting this week at the DRI Cybersecurity and Data Privacy Virtual Seminar, I outlined many of the issues currently impacting data security around the world. Here are some key points:.....more

Pillsbury - Internet & Social Media Law Blog

As European Regulators Take Use of Cookies More Seriously, Here Are the Basics for Compliance

This week the European Data Protection Board (EDPB), a body that represents European data protection authorities, set up a new cookie banner taskforce. The new taskforce will coordinate the response to over 400 complaints...more

BCLP

Amendments to Hong Kong Data Protection Law to Widen the Definition of “Personal Data” - Part 5 of 6

BCLP on

Hong Kong proposes to widen the current definition of “personal data” to cover not just “identified” persons but also “identifiable” persons. The amendment is expected to cover the use of online tracking technologies such as...more

Hogan Lovells

International data transfers under scrutiny: German DPAs launch joint multi-state audits

Hogan Lovells on

At the beginning of the year, the German data protection authorities (DPAs) announced that they would take joint action to enforce the decision of the European Court of Justice (ECJ) in the "Schrems II" case. On June 1,...more

Orrick, Herrington & Sutcliffe LLP

Frequently Asked Questions About the GDPR

What is the General Data Protection Regulation (GDPR)? The GDPR is an EU law that was passed by parliament and went into effect on May 25, 2018. The GDPR unifies the EU under a single data protection regime for all member...more

Hogan Lovells

CNIL Publishes FAQ Clarifying Cookie Use

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The French Data Protection Authority (CNIL) published an FAQ on March 18, 2021 to further explain its earlier guidelines and “recommendation” on cookies and other tracking technologies, which were published on September 17,...more

BakerHostetler

International Data Protection Update – First Quarter 2021

BakerHostetler on

This quarterly update highlights some of the international data protection issues that have caught our attention, and the attention of our clients, in the past three months....more

Hogan Lovells

ePrivacy update: Comparison of the three EU drafts

Hogan Lovells on

On 10 February 2021, the Council of the European Union (Council) agreed its negotiating mandate for the proposed Regulation on Privacy and Electronic Communications (ePR), which will replace the current ePrivacy Directive...more

K&L Gates LLP

French Data Protection: French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracking Technologies

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Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its...more

Morgan Lewis - Tech & Sourcing

Germany: Consent Required – No Opt-Out for Cookies

The German Federal Court of Justice (BGH) ruled on May 28 that an opt-out for cookies settings is inadmissible under German law under Section 15(3) of the German Telemedia Act (TMG) in conformity with the ePrivacy Directive...more

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

Epiq on

It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | November 2019

EU Court Allows Class Action to Proceed, Sets Precedent for Future Data Breach Class Actions - A class action brought against Google will be allowed to move forward after the plaintiff’s appeal was permitted, allowing him to...more

Orrick, Herrington & Sutcliffe LLP

EUR 30,000 For A “Simple Cookie Banner”?!? – Spanish Supervisory Authority Fined For Non-Compliance

The Spanish supervisory authority agencia española protección datos (“Supervisory Authority”) has issued a fine against an airline based on their use of a cookie banner, which the Supervisory Authority considered not to be...more

Hogan Lovells

New French Guidelines on Cookies and Trackers

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On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

Dechert LLP

Third-Party Data Collection and Consent in Mobile Applications

Dechert LLP on

Recent legislative hearings in the United States and Europe have focused on the means by which large third-party data collectors track individuals via websites. Regulators have paid comparatively little attention to the...more

Jackson Walker

New Guidance on Territorial Scope of the GDPR

Jackson Walker on

The European Data Protection Board (EDPB), the successor to the Article 29 working party, recently provided long-awaited guidance on the territorial scope set forth in Article 3 of the General Data Protection Regulation...more

Alston & Bird

Belgian Court Uses Novel Argument to Assume International Jurisdiction over Non-EU Facebook Entities

Alston & Bird on

On February 16, 2018, the Brussels Court of First Instance rendered a judgment in proceedings brought by the Belgian Privacy Commission’s against Facebook. The case forms one part of two-tiered litigation brought by the...more

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