News & Analysis as of

Privacy Laws Consent European Union

Hogan Lovells

Submitting tracking pixels in emails to consent: the CNIL launches a public consultation

Hogan Lovells on

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

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

BakerHostetler

DSIR Deeper Dive - The Worst Cookie Recipe

BakerHostetler on

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

EU and UK Data Protection Regulatory Trends so far in 2024: a focus on consent, adtech and tracking technologies

A&O Shearman on

This series of blogs rounds up some of the key data protection regulatory trends we have seen during 2024, focused on the EU and UK. 2024 has seen behavioural advertising and cookies continue to dominate the agenda of data...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications – PART I

In November of 2023, Meta launched a service in the European Union that allowed users to utilize the Facebook and Instagram platforms “ad free” for a monthly fee. The subscription service was meant to address regulatory...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

McDermott Will & Schulte

EU Regulators Confirm that Cookie Consent Rules Apply to Much Broader Range of Tracking Technologies

Article 5(3) of the EU ePrivacy Directive (ePD) requires consent for tracking cookies (unless exceptions apply). Although this rule is best known as the reason behind ‘cookie’ banners, it is technology neutral and applies to...more

Proskauer Rose LLP

Privacy and Data Security

Proskauer Rose LLP on

The very definition of generative AI suggests the creation of new content based on a program training on existing data, a recipe that necessarily raises potential U.S. and EU data privacy issues, not to mention related...more

Eversheds Sutherland (US) LLP

Updata: Your quarterly privacy & cybersecurity update - January to March 2023

Welcome to the latest edition of Updata! Updata is an international report produced by Eversheds Sutherland’s dedicated Privacy and Cybersecurity team – it provides you with a compilation of key privacy and cybersecurity...more

King & Spalding

Tracking Employee Vaccinations Globally: Can You Obtain The COVID-19 Vaccination Status Of Your Employees Everywhere?

King & Spalding on

Issue 2: 10 in 10 Employers are exploring methods to better ensure the safety of their employees against the COVID-19 pandemic and the continued risk the pandemic poses to return to work initiatives. One potential...more

Association of Certified E-Discovery...

An Update on International and Cross-Border Discovery

Parties in the US are allowed broad and liberal discovery of electronically stored information (ESI) relevant and proportional to the claims and defenses in a legal action. When a US-based litigant seeks ESI stored in other...more

White & Case LLP

CJEU: pre-ticked checkboxes for cookies are invalid

White & Case LLP on

The Court of Justice of the EU ("CJEU") has declared that pre-ticked checkboxes cannot be used to gain valid consent from individuals, with respect to the dropping and reading of cookies. This decision further emphasises the...more

BCLP

GDPR Privacy FAQs: Do cookie banners that simply disclose the use of analytics or behavioral advertising cookies satisfy European...

BCLP on

Likely no. The placement of analytics or behavioural advertising cookies can only be accomplished when the basis for the placement of the cookies is the data subject’s consent.  In order for consent to comply with the...more

Sunstein LLP

March 2019 IP Update: Europe’s One-Stop Shop for Privacy Regulation: For EU Companies Only?

Sunstein LLP on

One key aspect of the EU’s General Data Protection Regulation (GDPR) is its aim of streamlining the regulatory process by providing “one-stop shopping”: the opportunity to deal with a single regulator with respect to all data...more

Sheppard Mullin Richter & Hampton LLP

EU Court Rejects “Safe Harbor” Agreement Permitting Customer Data Transfers to U.S.

The European Court of Justice (ECJ) has struck down the 15-year-old “Safe Harbor” agreement that permitted companies operating in Europe to transmit personal user data to the United States, as long as the U.S. ensures an...more

Arnall Golden Gregory LLP

European Court of Justice Invalidates Safe Harbor Adequacy Finding: Organizations Should Re-evaluate Their Basis for EU-US Data...

On October 6th, the European Court of Justice (ECJ) issued its opinion in Schrems v. Data Protection Commissioner (C-362/14), a case which, among other things, challenged the validity of the European Commission’s 2000 finding...more

Sheppard Mullin Richter & Hampton LLP

US Safe Harbor Regime Invalidated by Europe’s Highest Court

The Court of Justice of the European Union ruled this morning that the Safe Harbor regime, which enables transatlantic data transfers from the European Union to the United States, is invalid, thereby giving each national...more

Gray Reed

Do I Need To Comply With E.U. Privacy Laws?

Gray Reed on

I have not posted in some time because I enjoyed some traveling with the family in Hungary. ...more

Morrison & Foerster LLP - Social Media

European Privacy Regulator Issues Important Opinion on the Use of Apps

On February 27, 2013, the European Article 29 Working Party (a group comprising representatives from all of the data protection authorities of the EU Member States, referred to in this articles as “WP29”) issued an Opinion on...more

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