News & Analysis as of

Advertising Privacy Laws Consent

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- What is new: The ICO is proposing to relax its enforcement of cookie consent requirements, meaning user consent would not be required for lower-risk advertising cookies. - Why it matters: The proposals aim to address...more

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....more

Conyers

Bermuda SMS/MMS Marketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Conyers

Bermuda Emarketing Guidance Note

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Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more

Kelley Drye & Warren LLP

Adtech Privacy Pain Points: Top 7 List for Effective Opt-Out Compliance

As privacy enforcement ramps up, effectively managing opt-out requirements under state privacy laws is a top risk mitigation measure. But complying with opt-outs is not just a matter of providing a consumer-facing opt-out...more

Conyers

Bermuda Telemarketing Guidance Note

Conyers on

1. Governing Texts 1.1. Legislation The Personal Information Protection Act 2016 (as amended) (PIPA) The Electronic Transactions Act 1999 (as amended) (ETA) The Standard for Electronic Transactions (the ETA Standard) ...more

BakerHostetler

COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

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Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more

Kilpatrick

Arkansas Becomes First State to Enact a COPPA 2.0 Inspired Privacy Law

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On April 7, 2025, Arkansas passed the Arkansas Children and Teens’ Online Privacy Protection Act (HB 1717) - a state law modeled closely after the federal Children and Teens’ Online Privacy Protection Act (widely referred to...more

BCLP

Are Cookies Banners Crumbling?

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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

Akin Gump Strauss Hauer & Feld LLP

New FTC Final Rule Changes COPPA Obligations for Online Services Collecting Data from Children

On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use,...more

Cooley LLP

ICO Releases ‘Consent or Pay’ Guidance

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What happened? The UK Information Commissioner’s Office (ICO) has released updated guidance on ‘consent or pay’ business models. These models present users with a choice to either consent to the processing of their...more

Lowenstein Sandler LLP

Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action

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With advances in digital technology and consumers’ insatiable appetite for “free” content, the advertising technology industry (AdTech) has played a crucial role in delivering highly personalized ad campaigns to consumers...more

Fox Rothschild LLP

FTC’s Final Changes to COPPA Rule

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Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of...more

Benesch

The FTC Finalizes Changes to the COPPA Rule: Updated Guidance for Businesses in the New Era of Children’s Privacy

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The Children’s Online Privacy Protection Act (“COPPA”) Rule, which became effective in 2000 and was amended only once in 2013, aims to protect children’s privacy by establishing requirements for websites and online services...more

Katten Muchin Rosenman LLP

FTC Finalizes Changes to Children's Privacy Rule

On January 16, 2025, the Federal Trade Commission (FTC) issued a press release confirming that it has finalized changes to the Children’s Online Privacy Protection Rule (COPPA Rule). These changes will set new requirements...more

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

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Countless hours are being spent categorizing cookies and other tracking technologies to work with consent management platforms, part of a purpose-built industry aiming to help companies deal with the increasingly complex and...more

Womble Bond Dickinson

The Cookies that May Bite Back

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Would you like some milk with those website cookies? We know the common privacy joke. However, website cookies and online tracking technologies (collectively, “cookies”) are increasingly no joking manner as they can create...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

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On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Mintz - Privacy & Cybersecurity Viewpoints

New Year, New Privacy Law in New Jersey

Consumer privacy protection must have been tops on the New Jersey legislature’s list of New Year’s resolutions. The year was just two weeks old and New Jersey became the first State in 2024 to enact a comprehensive privacy...more

Jackson Lewis P.C.

What Real Estate Businesses Need to Know About Using Website Tracking Technologies

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Real estate businesses frequently operate multiple websites. These may include corporate websites, websites for each of their properties, and websites for their apps and ancillary service offerings. To maximize the...more

BakerHostetler

The FTC’s Latest Staff Report on Dark Patterns: A Warning for Marketing Teams and UX Designers

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​​​​​​​The Federal Trade Commission issued a detailed [staff report] on September 15 addressing Dark Patterns (or what some more descriptively call “manipulative design,” but Dark Patterns seems to be sticking). Regulators...more

McDermott Will & Schulte

[Webinar] AdTech Privacy: Navigating Emerging Privacy Laws for AdTech Companies, Customers, and Publishers - July 21st, 12:00 pm -...

In recent years, the digital marketing and global AdTech industry have seen seismic changes, and online marketers are facing challenges under new privacy laws and regulations. Substantial restrictions on targeted advertising...more

Perkins Coie

2022 Compliance Landscape for Recurring Subscription Programs

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Businesses that allow customers to sign up for automatically renewing subscriptions must comply with a patchwork of state and federal regulations. The Federal Trade Commission (FTC) recently issued an Enforcement Policy...more

Sheppard Mullin Richter & Hampton LLP

Texting Post-Duguid: Can Consent Practices Change?

Providing business teams with advice for sending text messages can be nothing short of frustrating. For businesses used to sending email marketing, the laws for texting are unexpected. Unlike the CAN-SPAM Act, TCPA requires...more

Latham & Watkins LLP

4 Questions to Consider When Dealing With Children’s Data in the US

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The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more

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