The plaintiffs’ bar has been ramping up lawsuits under the California Invasion of Privacy Act (CIPA) and federal and state wiretapping statutes for years, and the wave is not receding.
Continue Reading Your Website’s Pixels May Be Wiretaps: 10 Questions Every Business Should Ask About CIPAYour Cookie Banner Might Be Working Against You: Two Compliance Traps to Avoid
The plaintiffs’ bar has been ramping up lawsuits for alleged violations of state and federal wiretapping laws (e.g., California CIPA, Florida SCA, Federal ECPA) for many months now. Historically, the
Continue Reading Your Cookie Banner Might Be Working Against You: Two Compliance Traps to AvoidFor Whom the Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping Claims
In a recent decision out of the Northern District of California, the court held that a website operator’s privacy policy, even one presented in a passive, browse wrap-style hyperlink, can
Continue Reading For Whom the Discovery Tolls: Your Privacy Notice May Help Time-Bar Website Wiretapping ClaimsCourt Allows Sharing of Medical Information Claim to Proceed Under ECPA
A new federal court decision denied a motion to dismiss in a case alleging Federal Electronic Communications Privacy Act (ECPA) claims arising from the sharing of health information through a
Continue Reading Court Allows Sharing of Medical Information Claim to Proceed Under ECPAValid Consent: General Public vs. Gamblers
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
Continue Reading Valid Consent: General Public vs. GamblersCookie Banners Shouldn’t Be Confusing and Other Life Lessons
The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent.
This is not a new issue, though, with the
Cookies and Online Merchants: What Can We Learn From California Lawsuits
New lawsuits that were recently filed in California echo some of the “cookie” conversations my colleagues and I have been having with online merchants and retail clients.
The fact patterns
Continue Reading Cookies and Online Merchants: What Can We Learn From California LawsuitsTo Best Comply With US Privacy Laws, It Can Be Helpful to Look to Europe
Why is the new noyb action against websites and data brokers regarding cookie-based authentication important for compliance with the new U.S. privacy laws?
Because they set out to equivocally confirm
Continue Reading To Best Comply With US Privacy Laws, It Can Be Helpful to Look to EuropeNo Cookies for You: DSK TTDSG Guidelines Impose Strict Limitations
The German Data Protection Conference (DSK) issued guidance on the Federal Act on the Regulation of Data Protection and Privacy in Telecommunications and Telemedia (‘TTDSG’), which went into effect on
Continue Reading No Cookies for You: DSK TTDSG Guidelines Impose Strict Limitations
CNIL: Refusing Cookies Should Be as Easy as Accepting Them
Who refused the cookies in the cookie jar?
The Commission Nationale de l’Informatique et des Libertés (CNIL) has sent new orders for cookie compliance to 30 additional companies, bringing the
Continue Reading CNIL: Refusing Cookies Should Be as Easy as Accepting Them