BakerHostetler Partner Paul Karlsgodt Discusses Privacy Class Actions
In April of this year, the California Privacy Protection Agency imposed a $632,500.00 monetary penalty on American Honda Motor Co. In our discussion of that action - Are Cookies Banners Crumbling? – we raised the alarm for...more
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
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
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
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
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
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
No. The CCPA does not expressly require that a company obtain consent from a website user before placing cookies on their browser...more
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
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
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
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
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
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