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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
- 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
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
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
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
On 15 April 2025, the Dutch Data Protection Authority (DPA) issued warnings to 50 organisations, including online retailers, media companies, and insurers, for deploying misleading cookie banners or unlawfully placing...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
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
On 16 September 2024, the UK’s data protection authority, the Information Commissioner’s Office (ICO), issued a reprimand against Sky Betting and Gaming (SkyBet) for unlawfully processing people’s data through advertising...more
Do you know what cookies your company’s website is using? If not, you likely do not know whether your company’s website is honoring users’ data protection choices involving the use of cookies. You should know and care so your...more
The Spanish Data Protection Agency (SDPA) has published a brief guidance on the use of cookies (or similar technologies) as audience measurement tools (the “Guidance”). In the framework of the Guidance, the SDPA clarifies...more
Understanding cookies and consent management is an important step to becoming compliant with modern data privacy regulations, but there’s another piece of the puzzle: Cookie governance. Good cookie governance is what...more
Companies in all industries and of all sizes are evaluating sophisticated and useful technology for their websites and applica- tions (their “apps”) in an effort to enhance and develop their image or brand and to support...more
On 8 March 2023, the newly-created Department for Science, Innovation and Technology (“DSIT”) introduced the UK government’s updated proposals for data protection reform in the shape of the Data Protection and Digital...more
While the reform is a long way away from a certainty, it represents a departure of the UK from the EU’s strict adherence and adoption of the General Data Protection Regulation which came into effect in 2018. Earlier this...more
Specifically, the group is alleging that websites are commonly using deceptive cookie banners that do not adhere to the GDPR’s express consent requirements. In early August, the European Union data protection advocacy...more
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on December 1, 2021...more
Gerade für Juristen ist Begeisterung für und ein Verständnis von Branchen, Geschäftsmodellen und Technologien – gerade vor dem Hintergrund des Datenschutzrechts und des Gewerblichen Rechtsschutzes – unerlässlich und...more
The French Supervisory Authority has set 31 March 2021 as the end of the “reasonable period” to bring websites and mobile applications into compliance. Following the adoption and publication of its updated guidelines along...more
The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more
On 7 December 2020, the French supervisory authority CNIL (Commission nationale de l’informatique et des libertés, French data protection authority) imposed substantive fines on Amazon and Google for allegedly placing...more
The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France. Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of...more
McDermott Will & Emery a le plaisir de vous convier à un webinaire sur le thème "Ce que vous avez peut-être manqué des actualités RGPD: la montée en puissance de l’accountability?" qui abordera les thèmes suivants: -...more
In our latest webinar we will be examining what you may have missed in the development of GDPR in the current global landscape, focusing in particular on: - Data transfers outside the EU: what to do with its standard...more