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
In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more
The California Privacy Rights Act (CPRA) introduces a new concept, “sharing,” that provides California residents with the right to opt-out of certain disclosures of personal information for behavioral advertising. In this...more
Retailers are divided about whether the use of third party behavioral advertising cookies do, or do not, constitute the sale of personal information. One in four retailers (28%) utilize behavioral advertising cookies and take...more
Almost all pharmaceutical companies that utilize third party behavioral advertising cookies have taken the position that the collection of information utilizing such cookies on their websites does not constitute a “sale”...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
No. 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. ...more
The Interactive Advertising Bureau (“IAB”) is a trade association comprised of companies that participate in digital marketing including media companies and advertising technology companies. In October of 2019, the IAB...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