As anyone who uses the internet can attest, cookies banners pop up on almost every type of website and offer a dizzying and often annoying array of approaches and options to consumers. It is difficult to parse through what...more
4/11/2025
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
California Privacy Protection Agency (CPPA) ,
Consent ,
Cookie Banners ,
Data Collection ,
Enforcement Actions ,
Honda ,
Opt-Outs ,
Privacy Laws ,
Websites
With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more
1/29/2025
/ Consumer Privacy Rights ,
Cookies ,
Cyber Incident Reporting ,
Data Breach ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Privacy Laws ,
Risk Management ,
Security and Privacy Controls ,
Sensitive Personal Information ,
State Privacy Laws
On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more
1/10/2025
/ Biometric Information ,
Compliance ,
Consent ,
Corporate Counsel ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Employee Rights ,
Privacy Laws ,
Regulatory Requirements ,
State Privacy Laws
On September 29, 2024, California Governor Gavin Newsom signed AB 1824 into law, amending the California Consumer Privacy Act (CCPA) to require entities involved in corporate transactions, such as mergers and acquisitions,...more
12/9/2024
/ Acquisitions ,
Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consent ,
Consumer Privacy Rights ,
Data Brokers ,
Data Collection ,
Data Sellers ,
Data-Sharing ,
Governor Newsom ,
Mergers ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws
Recently filed class action complaints allege that companies that utilize embedded trackers within emails, or “spy pixels” as the plaintiffs are calling them, violate Arizona law because they collect a “communication service...more
On April 27, 2023, the Washington State governor signed into law the My Health My Data Act or the MHMDA. In spite of the onerous and at times confusing requirements of the MHMDA, the Washington Attorney General (AG) has only...more
1/30/2024
/ Compliance ,
Consent ,
Data Collection ,
Data Privacy ,
Data Subject Access Requests ,
Effective Date ,
Notice Requirements ,
Penalties ,
Personal Information ,
PHI ,
Privacy Laws ,
State Privacy Laws
In late 2021, the Quebec legislature passed “The Privacy Legislation Modernization Act” or Law No. 25 (“Law 25”), which was designed to modernize and make significant changes to Quebec’s existing privacy framework....more
1/23/2024
/ Amended Legislation ,
Canada ,
Compliance ,
Consent ,
Data Protection Impact Assessments (DPIAs) ,
Data Subjects Rights ,
General Data Protection Regulation (GDPR) ,
Personal Information ,
PIPEDA ,
Privacy Laws ,
Reporting Requirements ,
Transparency
With the onslaught of new privacy legislation and cyber threats coupled with upticks in enforcement, running a well-functioning and flexible privacy program is now, more than ever, a critical component of an organization’s...more
1/5/2024
/ Artificial Intelligence ,
California Consumer Privacy Act (CCPA) ,
Compliance ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Privacy ,
EU ,
General Data Protection Regulation (GDPR) ,
Incident Response Plans ,
Personally Identifiable Information ,
Privacy Laws ,
Publicly-Traded Companies ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
State Privacy Laws ,
Targeted Digital Advertising
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
11/7/2023
/ Advertising ,
Behavioral Advertising ,
Cookie Banners ,
Cookies ,
Do Not Sell ,
EU ,
Opt-In ,
Opt-Outs ,
Privacy Laws ,
State Privacy Laws ,
Targeted Digital Advertising ,
Web Tracking
On June 16, 2023, Nevada Governor Joe Lombardo signed SB 370 into law. This new law is a consumer health data bill that is similar in many ways to Washington’s My Health My Data Act (MHMDA). SB 370, like most provisions of...more
On April 27, 2023, the Washington state governor signed into law the My Health My Data Act, also known as the MHMDA. The majority of the law’s provisions will take effect on March 31, 2024, providing companies with one...more
The concept of Sensitive Personal Information (SPI) has made its way into new and emerging US privacy laws. The usual challenges associated with a novel privacy obligation certainly apply to Sensitive Personal Information,...more
The American Data Privacy and Protection Act (“ADPPA”) has been working its way through Congress with notable bipartisan support. After a July 20th markup session in the House Committee on Energy & Commerce amending the bill,...more
By now, it is generally known that comprehensive privacy laws include requirements to allow consumers to opt-out of the sale of the their personal information, including personal information collected through the use of...more
9/19/2022
/ Advertising ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Covered Entities ,
Data Controller ,
Data Privacy ,
Data Selling ,
Opt-Outs ,
Personal Information ,
Privacy Laws ,
Search Engines ,
State Privacy Laws ,
Targeted Digital Advertising
The last few years have witnessed remarkable changes in the privacy world. The GDPR, the CCPA, the invalidation of the EU-US Privacy Shield framework and the related obligations resulting from the Schrems II decision - to...more
5/7/2021
/ Binding Corporate Rules ,
California Consumer Privacy Act (CCPA) ,
Data Controller ,
Data Processors ,
EU ,
EU-US Privacy Shield ,
European Data Protection Board (EDPB) ,
General Data Protection Regulation (GDPR) ,
Importers ,
International Data Transfers ,
Privacy Laws ,
Risk Assessment ,
Schrems I & Schrems II ,
Standard Contractual Clauses
Likely not.
While the UK’s Privacy and Electronic Communications Regulation suggests that, in some circumstances, consent may be inferred when a subscriber amends or sets controls in an internet browser, the ICO has...more
Maybe.
The GDPR does purport to allow data subjects to bring private rights of action. Likewise, certain implementations of the ePrivacy Directive, like the Privacy and Electronic Communications Regulations, allow for...more
Likely no.
The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent. In order for consent to comply with the...more
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
7/30/2019
/ Advertising ,
Behavioral Advertising ,
Cookies ,
Data Protection ,
EU ,
General Data Protection Regulation (GDPR) ,
Opt-In ,
Personal Data ,
Prior Express Consent ,
Privacy Laws ,
Web Browsers ,
Websites