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Anti-Wiretap Class Actions Against Website Operators Surge, but Proper Consent Can Reduce Risk
Inside Privacy Law: The Regulation of Personal Data
CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)
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The Evolution of Informed Consent in U.S. Courts
11 Have you ever clicked "I agree" without really knowing what you are agreeing to? You are not alone, and businesses often rely on that. Consent is now the cornerstone of data privacy, including India's Digital...more
Website operators secured another win in the protracted battle over third-party website cookies last week when a California state court held that these common tech features were not “trap and trace” devices and therefore a...more
- 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
In an increasingly data-driven digital landscape, businesses are constantly seeking tools to better understand and optimize user experiences. One such tool is session replay—a powerful technology that allows organizations to...more
An increasingly aggressive plaintiffs’ bar has brought purported class action suits based on the nearly ubiquitous use of tracking technologies used for website analytics. Although any actual harm to the plaintiffs is...more
Websites are ubiquitous, and so are cookies and tracking pixels (a/k/a web beacons). A web browser uses cookies to store login details and preferences; the cookies also track and profile user behavior. When visiting a...more
A California bill aimed at curbing the explosion of lawsuits filed against businesses using common website tools like cookies, pixels, and session replay software has stalled out in the 2025 legislative session, meaning your...more
Healthline Media has agreed to pay $1.55 million to resolve allegations that it violated the California Consumer Privacy Act (CCPA) – which is the largest settlement to date under the state’s landmark privacy law. The...more
On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more
Orrick's Founder Series offers monthly top tips for UK startups on key considerations at each stage of their lifecycle, from incorporating a company through to possible exit strategies. The Series is written by members of our...more
On April 24 2025, the French supervisory authority (CNIL) issued a draft recommendation to address challenges in collecting user consent for cookies and trackers across multiple devices (the Draft Recommendation). The new...more
Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more
Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more
When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more
In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more
An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...more
Three recent federal court cases consider whether the use of third party trackers embedded in websites can be the basis of class action lawsuits alleging violations of statutes enacted before the internet existed. These...more
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
On March 12, 2025, the California Privacy Protection Agency (CPPA) announced a settlement with American Honda Motor Co. (Honda) over alleged violations of the California Consumer Privacy Act (CCPA). The CPPA investigated...more
The California Privacy Protection Agency (CPPA) issued a settlement order on March 12, 2025, with an vehicle manufacturer regarding its investigation of its privacy practices, where it agreed to a $632,500 settlement for 150...more
On January 23, 2025, Mrs Justice Collins Rice of the UK High Court issued a ruling in the case of RTM v Bonne Terre Limited and Hestview Limited (trading as Sky Betting and Gaming, (SBG)). The claim - The judgment...more
Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more
In RTM v Bonne Terre Limited Hestview Limited, the English High Court found the Defendants, operating as Sky Bet (SBG), liable for breaches of data protection law. The claim raises important points of law for all...more
Following our recent client alert, learn more about enforcement targeting website tracking technologies and the impact on organizations in 2025. Elliot Golding and David Saunders share further insights from working with...more
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