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Privacy Laws Privacy Policy Consent

Benesch

Ubisoft Win Offers Defense Blueprint for VPPA Consent Challenges

Benesch on

A recent decision from the Northern District of California may signal an important shift in the trend of how courts interpret “consent” under the Video Privacy Protection Act (VPPA). In Lakes v. Ubisoft, Inc., No....more

Jackson Lewis P.C.

District Court Upholds Browsewrap Agreements in Pennsylvania Wiretap Class Action

Jackson Lewis P.C. on

Online retailer Harriet Carter Gifts recently obtained summary judgment from the district court in a class action under Pennsylvania wiretap law. At the heart of this case is the interpretation and application of the...more

Neal, Gerber & Eisenberg LLP

Tips to Reduce Risk of Exposure to UID2 Class Actions

Businesses need to remain vigilant regarding recent developments in consumer-based data privacy class actions. In recent weeks, the plaintiff class action bar has filed several lawsuits against The Trade Desk Inc. related to...more

Robinson+Cole Data Privacy + Security Insider

Video Game Developer’s Website Privacy Policy Disclosure and Cookie Banner Consent Defeat Wiretap Class Action

Video game developer Ubisoft, Inc. came out on top earlier this month in the Northern District of California when a judge dismissed, with prejudice, a class action claiming that the company’s use of third-party website pixels...more

Klein Moynihan Turco LLP

Use of Tracking Tools Requires Notice and Consent!

When browsing the internet, consumers are accustomed to being presented with advertisements for products for which they previously had searched. Through use of third-party tracking tools, companies are able to monitor visitor...more

Ius Laboris

New Data Protection Law Comes Into Effect in Mexico

Ius Laboris on

On 21 March 2025, the New Federal Law for the Protection of Personal Data in Possession of Private Parties came into effect, superseding and repealing the prior data protection law....more

Baker Donelson

Recent Wiretapping Class Action Dismissal Offers Compliance Lessons

Baker Donelson on

In late March, an online retailer successfully asserted consent as a complete defense to a putative Pennsylvania Wiretapping and Electronic Surveillance Control Act of 1978 (WESCA) class action lawsuit, resulting in the...more

Fox Rothschild LLP

What is Sufficient Consent?

Fox Rothschild LLP on

The following is sufficient consent for the Video Privacy Protection Act and the California Invasion of Privacy Act, according to a recent decision in the U.S. District Court for the Northern District of California....more

Klein Moynihan Turco LLP

Pennsylvania Wiretap Claim Dismissed

An oft-discussed topic on this blog is the rise in lawsuits asserting illegal wiretapping claims against companies that use technology on their websites to track consumer interactions. Recently, a Pennsylvania federal judge...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

Robinson+Cole Data Privacy + Security Insider

Is Your Business Trapped? The Rise of “Trap and Trace” Litigation

Almost every business has a website; every website should have a privacy policy, terms of use, and, in some cases, a consumer privacy rights notice—if certain state consumer privacy rights laws apply to your business, such as...more

Perkins Coie

FTC Announces New Children’s Privacy Requirements in Updated COPPA Rule

Perkins Coie on

The Federal Trade Commission (FTC or Commission) announced long-awaited amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) on January 16, 2025, marking the first changes to the COPPA Rule since 2013....more

Fox Rothschild LLP

Valid Consent: General Public vs. Gamblers

Fox Rothschild LLP on

A new decision by the United Kingdom’s high court says that even if you have cookie and marketing consent mechanisms that are sufficient for valid consent under privacy laws for the general public, they may not be enough for...more

Fisher Phillips

9 Sweeping Changes Proposed in India’s Latest Data Protection Draft Rules: What U.S. Employers Can Do to Prepare

Fisher Phillips on

India just released a landmark draft of new rules to refine and implement the Digital Personal Data Protection Act (DPDP Act) – which is India’s first comprehensive data privacy legislation regulating digital personal data...more

NAVEX

Leveraging Privacy Compliance for Your Looming AI Risks

NAVEX on

Ask a compliance officer to name their top worry about artificial intelligence, and odds are they will blurt out something to do with privacy. That doesn’t just tell us what the risks of AI are – it also gives us hints about...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

Fisher Phillips

Top 6 Employer Takeaways From New EEOC Wearable Tech Guidance

Fisher Phillips on

Wearable technologies are becoming increasingly common in the workplace, but a new guidance document from the Equal Employment Opportunity Commission (EEOC) has made it clear that employers need to tread carefully. From smart...more

Lathrop GPM

Is AI Putting Your Organization at Risk?

Lathrop GPM on

AI tools often drive efficiency and save money, but they have drawbacks. Here’s what to know....more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

Womble Bond Dickinson on

Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Gardner Law

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

Gardner Law on

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

Gardner Law on

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

Gardner Law on

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

Husch Blackwell LLP

U.S. Privacy Litigation Update: February 2024

Husch Blackwell LLP on

Keypoint: Courts continue to issue conflicting decisions in wiretapping cases while one court has expanded who may be considered a “video tape service provider” under the VPPA. Welcome to the eleventh installment in our...more

Goodwin

What to Expect from NYC’s Tenant Data Privacy Act

Goodwin on

New York City tenants harboring “big brother” concerns over landlords abusing data collected through smart access (i.e., keyless entry) systems will soon be able to rest easier. Following California, Virginia, and the British...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

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