News & Analysis as of August 3, 2025

Consent

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The California Consumer Privact Act (CCPA), effective January 1, 2020, enhances privacy rights and consumer protections of California residents. Follow this channel for latest guidance and updates on the CCPA,... more +

Business to Pay $630,000 Fine for Violation Claims Caused by Cookie Management Tool

Parker Poe Adams & Bernstein LLP on 3/26/2025

A major vehicle automaker will have to change its business practices and pay a hefty fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA), according to the state regulatory authority...more

The Cookies that May Bite Back

Womble Bond Dickinson on 9/26/2024

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

California Privacy Protection Agency Warns Businesses Against “Dark Patterns” and Urges “Symmetry in Choice”

Venable LLP on 9/23/2024

Not to be left behind by other regulators, the California Privacy Protection Agency (CPPA) recently issued an enforcement advisory on “dark patterns” in the context of the notice and consent required under the California...more

Oklahoma House Passes Computer Data Privacy Act

Husch Blackwell LLP on 3/5/2021

Keypoint: Although weakened from its original version, the Oklahoma bill would (if enacted) provide substantial privacy rights to Oklahoma residents and, in some respects, provide more privacy protections than found in the...more

Are companies required to get opt-in consent under the CCPA before using personal data?

BCLP on 3/27/2020

No. The CCPA does not require that a company obtain the consent (or the “opt-in”) of a person before collecting or using their personal information. The concept of consent only arises within the CCPA if a company intends...more

What industries utilize cookie banners the most, and the least?

BCLP on 3/18/2020

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

What percentage of websites deploy a “deemed consent” cookie banner?

BCLP on 3/11/2020

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

What percentage of websites utilize a banner that seeks opt-in consent before deploying cookies?

BCLP on 3/6/2020

10.6% 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

NAI’s 2020 Code Effective January 1 Along with CCPA

Sheppard Mullin Richter & Hampton LLP on 12/18/2019

The Network Advertising Initiative, which provides guidance to advertisers who engage in personalized advertising, updated its Code of Conduct (2020 Code) earlier this year to address, inter alia, data collected offline and...more

CCPA Privacy FAQs: Under the CCPA, can a company send mass marketing emails to clients or prospects to invite them to a conference...

BCLP on 9/4/2019

Yes. An invitation to a conference or a trade show is generally considered a commercial solicitation. On the federal level, the CAN-SPAM act does not require prior consent for a commercial email, only that it be clearly...more

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