Tag Archives: Advertisement

Estonian Data Protection Authority Issues Annual Report

On May 20, 2013, the Estonian Data Protection Inspectorate issued its Annual Report 2012 (the “Report,” summary available in English). The number of inquiries, complaints and supervision proceedings have remained the same over the last few years. The main topics of complaints include employment relations, CCTV, electronic direct marketing and social media. The Inspectorate stated that its primary goal is to stop violations of the law, not to impose sanctions. According to the Report, the Inspectorate issued orders regarding compliance in 48 cases and imposed fines in 39 cases.

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Tags: Advertisement, Article 29 Working Party, Data Protection Act, Estonia, European Union, International, Marketing, Online Privacy, Penalty, Social Media

German Court Rules Apple’s Privacy Policy Violates German Law

On April 30, 2013, the regional court of Berlin enjoined Apple Sales International, which is based in Ireland, (“Apple”) from relying on eight of its existing standard data protection clauses in contracts with customers based in Germany. The court also prohibited Apple’s future use of such clauses.

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Tags: Advertisement, Anonymization, Apple Inc., Behavioral Advertising, Cross-Border Data Flow, Data Protection Act, Enforcement, European Union, Geolocation, Germany, International, Marketing, Opt-In Consent, Privacy Policy, Service Provider

FTC Won’t Delay COPPA Rule Implementation Deadline

On May 6, 2013, the Federal Trade Commission announced that it had voted unanimously to reject a request from industry groups to delay the July 1, 2013 deadline for implementation of the updated Children’s Online Privacy Protection Rule (the “Rule”). The groups had argued that the delay was necessary because they needed more time to comply with the changes to the Rule, which the FTC promulgated on December 19, 2012. In its response to the groups, the FTC asserted that the groups have been on notice of the changes since the beginning of the rulemaking process over three years ago, and a number of the updates constitute only minor changes from existing standards and obligations. The FTC’s letter also indicated that, in appropriate cases, in the months immediately following the implementation deadline, the FTC might exercise prosecutorial discretion with respect to small entities that have made a good-faith effort to comply with the updated Rule.

View the text of the updated COPPA Rule.

Tags: Advertisement, Consumer Protection, COPPA, Enforcement, Federal Trade Commission, Online Privacy

German Court Rejects DPA’s Appeal, Finds Irish Law Applicable to Facebook in Germany

On April 22, 2013, the higher administrative court of Schleswig issued two decisions rejecting an appeal by the data protection authority of Schleswig-Holstein (“Schleswig DPA”) that sought to challenge a lower court’s earlier rulings in Facebook’s favor.

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Tags: Advertisement, Data Protection Authority, EU Member States, European Union, Facebook, Germany, International, Ireland, Marketing

Article 29 Working Party Clarifies Purpose Limitation Principle; Opines on Big and Open Data

On April 2, 2013, the Article 29 Working Party (the “Working Party”) adopted an Opinion (the “Opinion”) that elaborates on the purpose limitation principle set out in Article 6(1)(b) of the current EU Data Protection Directive 95/46/EC (the “Data Protection Directive”). The Opinion analyzes the scope of this principle under the Data Protection Directive, clarifies its limits and makes recommendations to strengthen it in the proposed General Data Protection Regulation (the “Proposed Regulation”). It also focuses on how to apply this principle in the context of big data and open data.

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Tags: Advertisement, Article 29 Working Party, Behavioral Advertising, CCTV, Data Transfer, EU Data Protection Directive, EU Regulation, European Union, Geolocation, Health Privacy, International, Online Privacy, Opt-In Consent, Smart Metering

A User’s Guide to Online Behavioral Advertising

Internet users have expressed increasing concern about efforts to track their online activities. As the online tracking methods used to target advertisements have expanded in both scope and complexity, regulators have taken notice and have begun to act in the online behavioral tracking and advertising space. In an article published in the November/December 2012 issue of IP Litigator, Lisa J. Sotto, partner and head of the Global Privacy and Data Security practice at Hunton & Williams LLP, and Melinda L. McLellan, a senior associate on the firm’s Privacy and Data Security team, discuss how legislators, regulators and industry stakeholders have been shaping the legal landscape concerning online behavioral advertising.

Download a PDF copy of the article.

Tags: Advertisement, Behavioral Advertising, COPPA, Do Not Track, Enforcement, European Union, Federal Trade Commission, International, Internet, Lisa Sotto, Melinda McLellan, Online Privacy

FTC Requests Information About Data Brokerage Companies’ Collection and Use of Personal Data

On December 18, 2012, the Federal Trade Commission issued Orders to File Special Report (the “Orders”) to nine data brokerage companies, seeking information about how these companies collect and use personal data about consumers. In the Orders, the FTC requests detailed information about the data brokers’ privacy practices, including:

  • the data brokerage companies’ online and offline products and services that use personal data;
  • the sources and types of personal data the data brokerage companies collect;
  • whether, and how, the companies acquire consumer consent before obtaining, collecting, generating, deriving, disseminating or storing the personal data;
  • whether, and how, the personal data is aggregated, anonymized or de-identified;
  • how the companies monitor, audit or evaluate the accuracy of the personal data they obtain;
  • if, and how, consumers are able to access, correct, delete or opt out of the collection, use or sharing of the personal data the data brokerage companies maintain about the consumers;
  • how the data brokerage companies provide notice to consumers about their data privacy practices;
  • the advertisements or promotional materials the companies use to describe their products and services; and
  • information about any complaints or disputes, or governmental or regulatory inquiries or actions, related to the companies’ data privacy practices.

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Tags: Advertisement, Anonymization, Behavioral Advertising, Congress, Consent, Consumer Protection, FCRA, Federal Trade Commission, Financial Privacy, Information Security, Marketing, Online Privacy, U.S. Federal Law

FTC Announces Updated COPPA Rule

On December 19, 2012, the Federal Trade Commission announced the adoption of its long-awaited amendments to the Children’s Online Privacy Protection Rule (the “Rule”). The FTC implemented the Rule, which became effective on April 21, 2000, pursuant to provisions in the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

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Tags: Advertisement, Consumer Protection, Cookies, COPPA, Enforcement, Federal Trade Commission, Geolocation, IP Address, Online Privacy

German DPAs Publish Guidelines on the Use of Personal Data for Advertising

On November 23, 2012, a German data protection working group on advertising and address trading published guidelines (in German) on the collection, processing and use of personal data for advertising purposes (the “Guidelines”). The working group was established by the committee of German data protection authorities (“DPAs”) and is chaired by the Bavarian DPA.

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Tags: Advertisement, Data Controller, Data Protection Act, Data Protection Authority, European Union, Germany, International, Marketing, Online Privacy

FTC Settles Charges of “History Sniffing”

On December 5, 2012, the Federal Trade Commission announced that the online advertising company Epic Marketplace, Inc. (“Epic”) agreed to settle charges that it engaged in “history sniffing” to secretly and illegally collect information about consumers’ interest in sensitive medical and financial issues. History sniffing is the practice of determining whether a consumer has previously visited a webpage by checking how a browser displays a hyperlink. The consent order requires Epic to destroy all data collected from history sniffing and bars Epic from engaging in history sniffing in the future.

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Tags: Advertisement, Behavioral Advertising, Consent Order, Consumer Protection, Cookies, Enforcement, Federal Trade Commission, Marketing, Online Privacy, Privacy Policy