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General Data Protection Regulation (GDPR) › Consent › Websites

Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts... more +
Follow this channel for updates and analysis on all aspects of the European Union's General Data Protection Regulation, a reform of EU's data protection rules that impacts individuals throughout the Union and all businesses operating therein. less -
Hogan Lovells

Dutch DPA intensifies cookie enforcement – key takeaways

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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

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

Venable LLP

Marketing to Children: An Excerpt from the Advertising Law Tool Kit

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Join us as we spotlight select chapters of Venable’s popular Advertising Law Tool Kit, which helps marketing teams navigate the legal risk of campaigns and promotions....more

Womble Bond Dickinson

The Cookies that May Bite Back

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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

Gardner Law

[Ongoing Program] SESSION 3: Privacy Policy Pop Quiz – Are You Ready? - August 8th, 1:00 pm - 1:45 pm CT

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Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Gardner Law

[Ongoing Program] SESSION 2: Do I Really Need A Privacy Officer, DPO or CISO? - July 18th, 1:00 pm - 1:45 pm CT

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Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Gardner Law

[Ongoing Program] SESSION 1: 10 Things You Should Know About Privacy, Consent, and HIPAA - June 13th, 1:00 pm - 1:45 pm CT

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Are you responsible for privacy compliance at your company? Sharpen your pencils and grab your highlighters for this three-part series on critical privacy laws, DPOs and privacy officers (and when you should appoint one), and...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

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The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

Fox Rothschild LLP

CJEU Advocate General Issues Opinion on Meta vs. the German Bundeskartellamt

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What does the Court of Justice of the European Union (CJEU) Advocate General’s opinion in the case of Meta vs. the German Bundeskartellamt tell us regarding the scope of what constitutes “sensitive information,” “contractual...more

Benesch

The Cookie Crumbles? EU Advocacy Group Files 226 Complaints Alleging Cookie Consent Violations

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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

Akin Gump Strauss Hauer & Feld LLP

Revisions to the EDPB Guidelines on Consent: Cookie Walls and Scrolling Through

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On May 4, 2020, the European Data Protection Board (EDPB) adopted two important revisions to its 33-page Guidelines on Consent (Guidelines) under the General Data Protection Regulation (GDPR). The Guidelines are highly...more

Epiq

When the Cookie Crumbles: Four Reasons Why Cookie Consent Does Not Work

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It is impossible to browse the Internet without bumping into a popup window requesting consent to enable cookies on the web page. Website cookies are text files saved to devices that contain information about a person’s...more

BCLP

GDPR Privacy FAQs: Can organizations rely on browser settings to gain consent to the deployment of cookies?

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Likely not. While the UK’s Privacy and Electronic Communications Regulation suggests that, in some circumstances, consent may be inferred when a subscriber amends or sets controls in an internet browser, the ICO has...more

BCLP

GDPR Privacy FAQs: Can organizations use “terms and conditions” consent to gain consent to the deployment of cookies?

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No. The English supervisory authority, the ICO, has stated that consent requests must be “clearly distinguishable from other matters” and that bundling consent as part of terms and conditions in impermissible. According to...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

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On November 8, the Spanish data protection authority (AEPD) published new Guidelines on the Use of Cookies (Guidelines) (Spanish only). The Guidelines have been prepared in collaboration with different organisations in the...more

Orrick, Herrington & Sutcliffe LLP

No Consent, No Cookie! CJEU Issues Far-Reaching Decision on Cookie Consent

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In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that “passive” acceptance of cookies through prechecked...more

Ballard Spahr LLP

Making Sense of EU Cookie Law in the Wake of CJEU’s Planet49 Ruling

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The perplexing question of what U.S. companies must do to comply with EU “cookie” law became slightly more clear with the recent decision of the European Court of Justice (CJEU) in Planet49 GmbH, but numerous questions still...more

BCLP

ECJ Issues First Cookie Decision After GDPR

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On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

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Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.”  While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more

White & Case LLP

Websites must remain accessible when rejecting tracking cookies – Dutch Data Protection Authority

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The Dutch Data Protection Authority (the "Dutch DPA") has issued guidance stating that so-called "cookie walls" are not compliant with the General Data Protection Regulation (the "GDPR"). The guidance is not legally binding,...more

BakerHostetler

EU Regulators Increase Focus on Cookie Practices

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In the absence of cookies-related guidance and enforcement by regulators against ordinary website publishers and operators, many e-commerce sites, online publishers and other website operators have taken a “wait and see”...more

Latham & Watkins LLP

4 Questions to Consider When Dealing With Children’s Data in the US

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The FTC and many state attorneys general aggressively monitor apps, websites, and internet-connected products for COPPA compliance. In the United States, collecting data directly from children under 13 years of age is...more

Fisher Phillips

Come to the Dark Side, We Have Cookies

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Have you noticed recently that when you click on most websites a notice appears stating that the host uses cookies? Many are aware that on May 25, 2018, the GDPR (“Global Data Protection Regulation”) took effect. The law...more

Foley & Lardner LLP

GDPR User Consent? May not in EU’s $22 BILLION targeted ad website market!

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Reuters.com reported “Some major websites continue to deliver targeted advertisements to users in Europe who have not given consent for their personal information to be used, according to advertising industry sources, owners...more

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