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General Data Protection Regulation (GDPR) › Prior Express Consent › Cookies

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 -
Goodwin

CNIL Imposes Record €325 Million Fine on Google: A Watershed Moment for ePrivacy Enforcement

Goodwin on

The French data protection authority, Commission Nationale de l’Informatique et des Libertés (CNIL), imposed a €325 million fine on Google on September 1, 2025, for displaying advertisements in Gmail without prior user...more

Benesch

The UK Moves to Reform the UK GDPR Aims to be Both Business Friendly and Adequate in the Eyes of the EU

Benesch on

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

Hogan Lovells

NOYB goes to war on the cookie banner terror

Hogan Lovells on

On 31 May 2020, Max Schrems' organization, NOYB, launched a new campaign aimed at ending what they dramatically refer to as the “cookie banner terror.” The campaign was spearheaded by sending over 560 draft complaints to...more

Latham & Watkins LLP

Neue Anforderungen an Website-Betreiber durch BGH-Urteil zur Speicherung von Cookies

Latham & Watkins LLP on

Der Bundesgerichtshof (BGH) hat in einem Grundsatzurteil vom 28. Mai 2020 (Cookie-Einwilligung II-Urteil) darüber entschieden, welche Anforderungen die an Einwilligungen von Website-Nutzern in den Einsatz von Cookies zu...more

Stoel Rives - Global Privacy & Security Blog®

CCPA is Here – Is Your Privacy Notice Ready?

Stoel Rives - Global Privacy & Security Blog® on

Last year towards the end of May, a barrage of emails and pop-ups informed online users about how companies use cookies – small bits of software that track website activity – in accordance with a requirement under the...more

Neal, Gerber & Eisenberg LLP

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

Neal, Gerber & Eisenberg LLP on

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...more

Hogan Lovells

CJEU: Consent on the Internet Means ‘Opt-In’

Hogan Lovells on

On 1 October 2019, the Court of Justice of the European Union (CJEU) handed down a crucial decision impacting the way that consent is obtained on the internet. The judgment relates to Case C-673/17....more

Jones Day

GDPR vs. ePrivacy Directive: CNIL's Revised Guidelines for Use of Cookies and Other Trackers

Jones Day on

The Situation: The European Union's General Data Protection Regulation ("GDPR") has been effective since May 2018 and has resulted in increased requirements for obtaining consent for the processing of personal data. However,...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | August 2019

Shook, Hardy & Bacon L.L.P. on

French Data Protection Authority Issues Guidelines on Cookie Use - CNIL, France’s data protection authority, has released new rulesfor obtaining consumer consent under the GDPR for companies using cookies and other tracking...more

BCLP

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

BCLP on

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

Wilson Sonsini Goodrich & Rosati

The CNIL Sharpens Requirements on Deployment of Tracking Technologies

Wilson Sonsini Goodrich & Rosati on

On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below). The guidance clarifies the instances in...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

BCLP on

Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

BCLP on

Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person.  Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more

ArentFox Schiff

‘Click Here to Accept Updated Cookie Guidance’

ArentFox Schiff on

Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more

Hogan Lovells

New French Guidelines on Cookies and Trackers

Hogan Lovells on

On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

ArentFox Schiff

Privacy Report: FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements

ArentFox Schiff on

Federal US News - FTC Takes Action Against Companies Falsely Claiming Compliance With International Privacy Agreements - The FTC reached a settlement with a background screening company over allegations it falsely claimed...more

Ballard Spahr LLP

EU e-Privacy Regulation Raises Stakes for Compliance

Ballard Spahr LLP on

The European Commission's proposed e-privacy regulation sets forth obligations on handling electronic communications and clarifies obligations for seeking consent for the use of cookies. Meant to bring the e-privacy directive...more

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