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Womble Bond Dickinson

[Hybrid Event] Risk-Based Strategies for Using Online Tracking and Personalized Digital Advertising Amid Complaints, Demand...

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California was the first US state with a comprehensive privacy law the California Consumer Privacy Act (“CCPA”), 4 more states followed with omnibus privacy laws effective this year and state legislatures passed 8 more this...more

BCLP

Do most banks and financial service companies use third party behavioral advertising cookies?

BCLP on

Yes. As the following chart indicates there is a wide disparity between the quantity of third party behavioral advertising cookies used by banks and financial service companies within the Fortune 500...more

BCLP

What industry utilizes the most advertising cookies?

BCLP on

Many companies participate in behavioral advertising networks.  In order to participate in a network, a company places code on its website that permits a third party (the behavioral advertising network) to either (1) place...more

BCLP

What percentage of websites deploy a “deemed consent” cookie banner?

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11.6%  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

CCPA 2020: Answers to the Most Frequently Asked Questions Concerning Cookies and AdTech

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When the CCPA was enacted last year, BCLP published a Practical Guide to help companies reduce the requirements of the Act into practice. Following publication of the Guide, we wrote a series of articles that addressed...more

BCLP

What percentage of United States retailers configure their cookie notice to respond differently to visitors with European IP...

BCLP on

5% There are two situations in which the GDPR purports to apply extraterritorially to companies that have no contact to the European Union. The first situation, described in Article 3(2)(a) of the GDPR, occurs when a...more

BCLP

How many third party behavioral advertising cookies deploy on most websites?

BCLP on

In order to help companies understand and benchmark industry practice, BCLP analyzed a random sample of the homepages of the Fortune 500 to better understand their use of cookies, cookie notices, and cookie banners. As of...more

BCLP

What concerns have been raised with the IAB’s Do Not Sell Framework?

BCLP on

The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing; its members include both media companies and advertising technology companies.  In October of...more

BCLP

CCPA Privacy FAQs: Does the CCPA require that a company obtain consent from a website user before placing cookies on their...

BCLP on

No. The CCPA does not expressly require that a company obtain consent from a website user before placing cookies on their browser...more

BCLP

CCPA Privacy FAQs: If a website participates in behavioral advertising, does Nevada privacy law require that it disclose that it...

BCLP on

On May 29, 2019, Nevada became the first state to pass legislation emulating portions of the CCPA when it adopted Senate Bill No. 220.  While Senate Bill No. 220 incorporates the CCPA’s concept of permitting consumers to...more

BCLP

GDPR Privacy FAQs: If a website participates in behavioral advertising, does the GDPR require that it disclose that it is...

BCLP on

 No. The requirement to disclose “sales” of “personal information” to consumers is derived from the California Consumer Privacy Act (the “CCPA”), not European data privacy law....more

BCLP

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

BCLP on

Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more

BCLP

CCPA Privacy FAQs: If I post a “do not sell my personal information” link on my website, and opt out those consumers that select...

BCLP on

Arguably no. While the definition of “sale” under the CCPA contains an exception for situations in which information is shared with a service provider, that exception may not apply to the extent that a behavioral...more

BCLP

CCPA Privacy FAQs: What is the difference between a “first party cookie” and a “third party cookie ”?

BCLP on

Generally speaking, cookies simply are data files saved to a user’s computer.  Certain cookies may qualify as “personal information” under the CCPA, since the CCPA defines “unique personal identifiers,”  to include “cookies”...more

BCLP

Retailers Should Consider Whether Behavioral Advertising Is Sale of Information Under CCPA

BCLP on

The California Consumer Privacy Act (“CCPA”) was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

BCLP

Privacy FAQs: If a website participates in behavioral advertising, does the CCPA require that it disclose that it is “selling”...

BCLP on

The California Consumer Privacy Act ("CCPA") was enacted in early 2018 as a political compromise to stave off a poorly drafted, and plaintiff’s friendly ballot initiative. Although the CCPA is scheduled to go into force in...more

Sheppard Mullin Richter & Hampton LLP

E-Cig Company Settles Online Behavioral Advertising Inquiry

A Dutch e-cigarette company recently settled a self-regulatory inquiry over its online behavioral advertising practices. The Accountability Program (a US self-regulatory group that oversees online and interactive behavioral...more

Sheppard Mullin Richter & Hampton LLP

New Compliance Warning: Interest-Based Video Ads Must Provide Notice and Choice

The Online Interest-Based Advertising Accountability Program recently warned that it will require interest-based video ads to provide transparency and control to viewers by April 1, 2018....more

Proskauer - Privacy & Cybersecurity

Native Advertisers Face Closer Scrutiny From Industry Self-Regulatory Bodies

With paywalls and premium subscriptions finding only modest success, paid advertisements remain the primary means of generating revenue from online content. Native advertising has emerged as a leader in the competition for ad...more

Proskauer - Privacy & Cybersecurity

Advertising Industry Enforces Enhanced Behavioral Advertising Notice Requirements on Websites

On October 28, the Online Interest-Based Advertising Accountability Program (Accountability Program), released five decisions in which the website operators have agreed to update their respective websites to provide enhanced...more

BakerHostetler

New CA Privacy Disclosure Requirements Clarified By AG

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California has a number of privacy notice requirements for businesses collecting data from California residents, including as of January 1 of this year a requirement that websites, mobile apps and online services make certain...more

Fenwick & West LLP

Privacy Alert: COPPA Amendment Impacts Apps, Ads and Social Networks

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After a two-year comment process, the Federal Trade Commission adopted its long-awaited amendments to the Children's Online Privacy Protection Rule in December 2012. The amendments, which go into effect July 1, 2013,...more

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