News & Analysis as of

Data Privacy Advertising Consent

Skadden, Arps, Slate, Meagher & Flom LLP

Cookie Consent: Unpacking the UK ICO’s Proposed New Approach to Online Advertising

- 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

Morris, Manning & Martin, LLP

New Laws Regulate How Companies Interact with Children's Data

If your business operates a website or provides online services that collect data about children, you should be aware of expanding legal requirements from U.S. states regulating how private companies interact with minors....more

Klein Moynihan Turco LLP

Help Ensure Delivery of Your 10DLC Texts with TCR Assistance

Over the past few months, securing approval for listing on The Campaign Registry (“TCR”) has become significantly more difficult. Why? Because virtual phone service providers (“service providers”) continue to update internal...more

Goodwin

France and the new EU regulation on political advertising: the CNIL updates its doctrine ahead of the 2025 implementation

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Online political advertising has become central to modern electoral campaigns. However, the growing lack of transparency, particularly regarding funding, targeting, and data processing practices, raises serious concerns about...more

Conyers

Bermuda Emarketing Guidance Note

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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

Kelley Drye & Warren LLP

Adtech Privacy Pain Points: Top 7 List for Effective Opt-Out Compliance

As privacy enforcement ramps up, effectively managing opt-out requirements under state privacy laws is a top risk mitigation measure. But complying with opt-outs is not just a matter of providing a consumer-facing opt-out...more

DLA Piper

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

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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

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

Hogan Lovells on

On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

BakerHostetler

COPPA Is Back in the Saddle: FTC Publishes Final Rule for Children’s Privacy

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Just as we’re getting ready to pick out our cowboy boots and bolo ties for Beyoncé’s Cowboy Carter Tour, the Federal Trade Commission (FTC or Commission) published its long-awaited finalized amendments (Final Rule) to the...more

Kilpatrick

Arkansas Becomes First State to Enact a COPPA 2.0 Inspired Privacy Law

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On April 7, 2025, Arkansas passed the Arkansas Children and Teens’ Online Privacy Protection Act (HB 1717) - a state law modeled closely after the federal Children and Teens’ Online Privacy Protection Act (widely referred to...more

Akin Gump Strauss Hauer & Feld LLP

New FTC Final Rule Changes COPPA Obligations for Online Services Collecting Data from Children

On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use,...more

Cooley LLP

ICO Releases ‘Consent or Pay’ Guidance

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What happened? The UK Information Commissioner’s Office (ICO) has released updated guidance on ‘consent or pay’ business models. These models present users with a choice to either consent to the processing of their...more

Lowenstein Sandler LLP

Privacy Implications of Real-Time Bidding – Lessons From the Mobilewalla Enforcement Action

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With advances in digital technology and consumers’ insatiable appetite for “free” content, the advertising technology industry (AdTech) has played a crucial role in delivering highly personalized ad campaigns to consumers...more

Clark Hill PLC

FTC’s Updated COPPA Rule Is Here: What Business Should Know About Children’s Online Privacy

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On Jan. 16, the Federal Trade Commission (FTC) announced long-awaited and significant updates to the Children’s Online Privacy Protection Act (COPPA) Rule, the first revisions since 2013. These updates apply to online...more

Fox Rothschild LLP

FTC’s Final Changes to COPPA Rule

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Earlier this month, the Federal Trade Commission (FTC) announced that it had finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule to set new requirements around the collection, use, and disclosure of...more

Benesch

The FTC Finalizes Changes to the COPPA Rule: Updated Guidance for Businesses in the New Era of Children’s Privacy

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The Children’s Online Privacy Protection Act (“COPPA”) Rule, which became effective in 2000 and was amended only once in 2013, aims to protect children’s privacy by establishing requirements for websites and online services...more

Katten Muchin Rosenman LLP

FTC Finalizes Changes to Children's Privacy Rule

On January 16, 2025, the Federal Trade Commission (FTC) issued a press release confirming that it has finalized changes to the Children’s Online Privacy Protection Rule (COPPA Rule). These changes will set new requirements...more

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

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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

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

A&O Shearman on

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Hinch Newman LLP

Recent FTC Settlement a Reminder of Agency Focus on Disclosing Health Information to Third-Parties

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On April 11, 2024, the Federal Trade Commission announced that it has banned an alcohol addiction treatment firm from disclosing health data for advertising purposes in order to settle agency charges that the company shared...more

Goodwin

Washington’s My Health My Data Act Comes Into Force - What You Need to Know, and Do

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On March 31, 2024, the Washington My Health My Data Act (MHMDA), a comprehensive consumer health privacy law, will come into force. Small businesses – defined as those processing consumer health data of fewer than 100,000...more

DarrowEverett LLP

The FTC is Turning the Lights On: Dark Patterns Aren't in the Shadows Anymore

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The continued growth and dominance of e-commerce has ushered in a new frontier for businesses. In response to the progressive evolution from brick-and-mortar marketplaces to the current e-commerce dominant landscape,...more

Fenwick & West LLP

Apple’s iOS 14 Privacy Changes: Five Practical Tips for App Developers

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When Apple announced that one of the major focuses of iOS 14 would be enhancing user privacy, many in the tech community had questions. How would these changes be rolled out? How would they affect not only the mobile...more

Sheppard Mullin Richter & Hampton LLP

NAI’s 2020 Code Effective January 1 Along with CCPA

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

Sheppard Mullin Richter & Hampton LLP

Interest-Based Advertising Enforcer Hits 100

The Online Interest Based-Advertising Accountability Program, which enforces privacy principles for digital advertising, recently announced its 100th action. In announcing this landmark, the Accountability Program looked back...more

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