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Benesch

New Strain of Web Tracking Suits Pose Risks For Retailers

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In the latest example of privacy laws being stretched to fit new digital technologies, plaintiffs have begun to file a flurry of suits alleging that retailers are using pen register and trap-and-trace software to illegally...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Bradley Arant Boult Cummings LLP

Pet Stairs, Wiretapping, and Cookies: Implications of the Third Circuit’s Popa Opinion

The case of Popa v. Harriet Carter Gifts, Inc. “began with a quest for pet stairs.” Plaintiff Ashley Popa searched Harriet Carter Gifts’ website, added pet stairs to her cart, but never completed the purchase. During her...more

Hinch Newman LLP

Lead Generation Compliance Attorney on How Use of Technologies to Track Web Session Data May Violate Law

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Attention Lead Generators. The Ninth Circuit Court of Appeals recently held that use of certain technologies on a websites in order to track and record web session data before obtaining affirmative consent may be a...more

Hogan Lovells

NOYB goes to war on the cookie banner terror

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On 31 May 2020, Max Schrems' organization, NOYB, launched a new campaign aimed at ending what they dramatically refer to as the “cookie banner terror.” The campaign was spearheaded by sending over 560 draft complaints to...more

Neal, Gerber & Eisenberg LLP

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...more

Mintz - Privacy & Cybersecurity Viewpoints

Ruling from Europe’s High Court: “Active” Consent Required for Cookies

The Court of Justice of the European Union (CJEU) – the European Union’s equivalent to the US Supreme Court – has issued a very important ruling with respect to cookie compliance that may require re-evaluation of your cookie...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

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Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

Wilson Sonsini Goodrich & Rosati

The CNIL Sharpens Requirements on Deployment of Tracking Technologies

On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below). The guidance clarifies the instances in...more

BCLP

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

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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

ArentFox Schiff

‘Click Here to Accept Updated Cookie Guidance’

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Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...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

Womble Bond Dickinson

Too Close for Comfort: Plaintiff's Ties to Class Counsel Leads to Denial of TCPA Class Action Certification

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Certification in a TCPA class action almost always turns on whether the issue of consent can be determined by common proof. But every once in a while, a class representative is found to be inadequate based on their close ties...more

Womble Bond Dickinson

You Have the Right to Defend Your Business Model: Court Allows Online Lead Generator to Intervene in Putative TCPA Class Action

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Online lead generation is huge business, and present across all manner of consumer industries including lending, home services, insurance, healthcare – you name it. By the time these leads reach the caller, a consumer will...more

Holland & Hart LLP

GDPR Starts with a Bang: NOYB Sues Google and Facebook

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Europe's General Data Protection Regulation (“GDPR”) became effective last Friday, May 25. That same day, the non-profit NOYB (from the colloquial “none of your business”) filed lawsuits against Google, together with...more

Proskauer on Privacy

Qatar’s New Personal Data Privacy Law

Proskauer on Privacy on

At the end of last year, Qatar became the first Gulf state to enact a comprehensive privacy law. Until now, the many companies that market to consumers or have employees based in Gulf Cooperation Council (GCC) countries have...more

Womble Bond Dickinson

New Delaware Act Requires Online Privacy Policy for Websites

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A new privacy law requires companies to make specific statements about what information is collected on its website. Like California, it also requires that companies state in writing whether they respect “Do Not Track”...more

BakerHostetler

BakerHostetler Partner Alan Friel Talks Big Data and Data Collection

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Alan Friel, Partner with BakerHostetler's Privacy and Data Protection team, talks about compliance programs for companies, consumer data collection, misrepresentation, and data security deficiencies....more

Morrison & Foerster LLP

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

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Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

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