News & Analysis as of

Mobile Apps Consent

J.S. Held

Strategies for Minimizing Rising Risks to Mobile Apps from Privacy Laws

J.S. Held on

As mobile device applications continue to proliferate – magnified in no small part by the recent surge in artificial intelligence-related tools to facilitate creation of apps – they have become indispensable tools for...more

Cozen O'Connor

Covered Platforms Face Strict Deadlines Under the Take It Down Act

Cozen O'Connor on

A new federal law criminalizes nonconsensual intimate imagery and gives covered websites, mobile applications, and other online platforms merely 48 hours to comply with requests to take down such materials. On May 19, 2025,...more

A&O Shearman

CNIL launches public consultation on draft recommendations relating to multi-terminal consent

A&O Shearman on

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

Sheppard Mullin Richter & Hampton LLP

FTC Orders Fintech Company to Pay $17 Million for Allegedly Deceptive Subscription Practices

On March 27, the FTC announced that a fintech company offering cash advances through a mobile app has agreed to pay $17 million to resolve allegations that it violated the FTC Act and the Restore Online Shoppers’ Confidence...more

Kelley Drye & Warren LLP

New York AG Settles with School Calendar App, Saturn

This week, New York Attorney General Letitia James announced a settlement with app developer Saturn Technologies (Saturn) following an investigation into privacy practices that promised teens an exclusive community but...more

Womble Bond Dickinson

First Class Action Filed Under Washington’s MY Health MY Data Act Draws Parallels to Previous SDK Litigation

Womble Bond Dickinson on

On February 10, 2025, the first class action complaint was filed pursuant to Washington’s MY Health MY Data Act (“MHMDA”), Wash. Rev. Code Ann. § 19.373.005 et seq. See Maxwell v. Amazon.com, Inc. et al., Case No. 2:25-cv-261...more

WilmerHale

First Lawsuit Filed Under Washington’s My Health My Data Act

WilmerHale on

The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more

BCLP

Mobile Apps: What Does the CNIL Recommend From a Privacy Perspective?

BCLP on

While mobile apps have become one of the major means of access to digital services, their ubiquity is accompanied by significant risks to users' privacy, due to the massive amount of personal data they collect and process....more

Fox Rothschild LLP

Do App Permissions Satisfy Requirements for Valid Consent for the Purpose of GDPR?

Fox Rothschild LLP on

App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more

Davies Ward Phillips & Vineberg LLP

Giving Meaning to Meaningful Consent: The Federal Court of Appeal’s Landmark Decision on Data Privacy

In a recent ruling, Canada’s Federal Court of Appeal held that Facebook, Inc. (now Meta Platforms Inc.) breached its obligations under Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) by sharing...more

Greenberg Glusker LLP

Best Practices for Apps & Websites to Avoid Claims Under the California Invasion of Privacy Act (CIPA)

Greenberg Glusker LLP on

Amid little clarity from courts, wiretap claims targeting the use of data analytics tools are becoming increasingly common. Here are ways to stay compliant and avoid costly litigation....more

HaystackID

Ambient Light Sensors to Malware Threats: MIT Unveils Smartphone Privacy Risks Amid Market Turbulence

HaystackID on

Editor's Note: In a significant study from MIT's CSAIL, researchers have unveiled vulnerabilities in smartphone ambient light sensors, highlighting them as potential channels for privacy breaches. This discovery underscores...more

Amundsen Davis LLC

“Pixels” and “Cookies,” Charming Terms for Tracking Technology, Can Lead to Ugly Data Privacy Headaches

Amundsen Davis LLC on

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

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

Holland & Knight LLP on

The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Dorsey & Whitney LLP

Tracking Online User Activity: HIPAA and Other Legal Risks

Dorsey & Whitney LLP on

The use of tracking technologies on websites and mobile applications (e.g., cookies) has become largely ubiquitous in our technology-driven world. Health care providers and organizations, for example, may use tracking...more

Holland & Knight LLP

FTC Seeks First-Ever Health Breach Notification Rule Enforcement: Pixel Users Beware

Holland & Knight LLP on

For the first time ever, the Federal Trade Commission (FTC) is seeking enforcement under the Health Breach Notification Rule. This regulation requires certain businesses not covered by the Health Insurance Portability and...more

DarrowEverett LLP

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

DarrowEverett LLP on

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

Kelley Drye & Warren LLP

Two Epic Cases from the FTC: Spotlight on COPPA, Unfairness, Teens, Dark Patterns, In-App Purchases, Cancellations, and More

Kelley Drye & Warren LLP on

Just in time for the holidays, the FTC has released two companion settlements resolving allegations that Epic Games (maker of the popular video game Fortnite) violated the Children’s Online Protection Act (COPPA) and the FTC...more

Holland & Knight LLP

Manipulative Online Design Tactics Become Riskier

Holland & Knight LLP on

In recent years, the use of clickbait and dark patterns has attracted the attention and scorn of state legislatures, the Federal Trade Commission (FTC), state attorneys general, consumer advocates and consumers. Three state...more

Foley & Lardner LLP

Apple Sets Enforcement Date for In-App Account Deletion Requirements and Reminds Developers to Comply with Privacy Laws and...

Foley & Lardner LLP on

On October 6, 2021, Apple announced that the requirement that applications that allow users to create an account must also enable users to initiate deletion of their accounts from within the application will go into effect on...more

Carlton Fields

CF on Cyber: An Update on the Florida Security of Communications Act (FSCA)

Carlton Fields on

Since the beginning of 2021, more than two dozen class action cases have been filed in Florida state court under Florida's Security of Communications Act. The act has, in some form, been on the books for more than 50 years....more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Sunstein LLP

Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety

Sunstein LLP on

The Covid-19 pandemic has spawned a number of novel technologies aimed at suppressing the spread of the coronavirus. In China, for example, the most popular messaging and payment apps contain technology that requires a user...more

BCLP

If an App asks users to consent to a privacy notice, and the privacy notice discloses that the App shares user information with...

BCLP on

Arguably not. Some privacy advocates and plaintiffs’ attorneys have argued that the CCPA’s broad definition of the term “sell” might encompass the transmission of user information from an App to an AdTech partner. ...more

Hogan Lovells

Spanish DPA on Use of Cookies: Continued Browsing is Consent

Hogan Lovells on

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

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