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The Evolution of Informed Consent in U.S. Courts
A recent and far-reaching decision by the Italian Data Protection Authority (Garante) has significantly altered the rules governing marketing privacy consent in Italy, introducing a potential obligation to adopt a double...more
Cross-border marketing of products or services by an overseas company (a body corporate incorporated outside of Bermuda) to customers in Bermuda could be construed as carrying on business in Bermuda and, if so, would be...more
On 12 June 2025, the French data protection authority (CNIL) launched a public consultation on a draft recommendation regarding the use of tracking pixels in emails. This recommendation roughly assimilates pixels and any...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
It is challenging for businesses to maintain their competitive marketing edge while simultaneously reacting to ever-changing regulations on consumer data collection, usage, and sharing....more
On April 23, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule implementing one-to-one consent rules for Third Party Marketing Organizations (“TPMOs”) that engage in Medicare-related advertising....more
The FCC is asking for comments on proposed changes and clarifications to its robocall and robotext requirements for grant and revocation of consumer consents. Revocation of Consent. The FCC wants its current opt-out and...more
The Florida Senate and House of Representatives are considering two bills (SB 1670 and HB 963) that, if adopted, will amend Florida law to create the state’s first comprehensive privacy law (though they do not go nearly as...more
It’s no secret that a hot topic, perhaps the hot topic, in the European data protection world at present is the interplay between the GDPR and the e-Privacy Directive, in particular how it affects online advertising involving...more
The U.K. data protection authority recently fined a lead generation company £90,000 ($118,000) for a 2017 unsolicited email marketing campaign. The company, Boost Finance Ltd, sent over 4 million emails promoting pre-paid...more