Tag Archives: Cookies

FTC Reminds Companies of Impending COPPA Deadline

On May 15, 2013, the Federal Trade Commission announced that it sent educational letters to over 90 businesses that appear to collect personal information from children under the age of 13, reminding them of the impending July 1 deadline for compliance with the updated Children’s Online Privacy Protection Rule (the “Rule”). The letters were sent to domestic and foreign companies that may be collecting information from children that is now considered “personal information” under the Children’s Online Privacy Protection Act (“COPPA”) but was not previously considered “personal information.” The definition of “personal information” under COPPA was expanded to include (1) photos, videos and audio recordings of children; and (2) persistent identifiers that may recognize users over time and across various websites and online services (e.g., cookies and IP addresses).

Continue reading…

Tags: Consumer Protection, Cookies, COPPA, Enforcement, Federal Trade Commission, Online Privacy, U.S. Federal Law

Supreme Court Limits Plaintiffs Ability to Cap Damages Prior to Class Certification

As reported in the Hunton Employment & Labor Perspectives Blog:

On March 19, 2013, in Standard Fire Insurance Co .v. Knowles, the United States Supreme Court ruled that stipulations by a named plaintiff on behalf of a proposed class prior to class certification cannot serve as the basis for avoiding federal jurisdiction under the Class Action Fairness Act of 2005 (“CAFA”).

Continue reading…

Tags: Class Action, Cookies, Litigation, Supreme Court, U.S. Federal Law, U.S. State Law, Workplace Privacy

Mexico Issues Cookie and Web Beacon Rules and Privacy Notice Requirements

On January 17, 2013, Mexico’s Ministry of Economy published its Lineamientos del Aviso de Privacidad (in Spanish) (“Privacy Notice Guidelines” or “Guidelines”), which it prepared in collaboration with the Mexican data protection authority. The Guidelines introduce heightened notice and opt-out requirements for the use of cookies, web beacons and similar technology, and they impose extensive requirements on the content and delivery of privacy notices generally (with respect to all personal data, not just data collected via cookies and other automated means). The Guidelines will take effect in mid-April.

Continue reading…

Tags: Cookies, Data Controller, Data Protection Authority, Data Transfer, Information Security, International, Mexico, Online Privacy, Opt-In Consent

Irish Data Protection Commissioner Commences Enforcement of New Cookie Law

On December 19, 2012, the Irish Data Protection Commissioner (“DPC”) wrote to 80 website operators requesting details regarding how they are complying with recent changes to Irish law governing the use of cookies and other similar technologies (SI 336/ 2011, the “Regulations”). The letter expects website operators, which include government departments as well as companies, to comply fully with the Regulations, which took effect 18 months ago and require user consent before deploying or accessing cookies or other information stored on users’ computer equipment. If the relevant organizations have not yet achieved compliance, they are expected to provide an explanation to the DPC explaining “why it has not been possible to comply by now, a clear timescale for when compliance will be achieved, and details of specifically what work is being done to make that happen.”

Continue reading…

Tags: Consumer Protection, Cookies, Data Protection Authority, Enforcement, European Union, International, Ireland, Online Privacy, Opt-In Consent

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”).

Continue reading…

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

UK ICO Releases Cookies Enforcement Report

On December 18, 2012, the Information Commissioner’s Office (“ICO”) released an enforcement report (the “Report”) on the extent of compliance with recent changes to UK law governing the use of cookies (The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011). The ICO previously issued an interim report on organizations’ attempts to achieve compliance, in which it concluded that organizations “must try harder” with their cookie compliance efforts.

Continue reading…

Tags: Behavioral Advertising, Consumer Protection, Cookies, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, Text Message, United Kingdom

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.

Continue reading…

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

New UK Online Behavioral Advertising Code Released

On November 21, 2012, the UK Committee of Advertising Practice (“CAP”) released new rules on online behavioral advertising (“OBA”). CAP is the UK body which writes and maintains the UK advertising codes, which are administered and enforced by the UK Advertising Standards Authority (“ASA”).

Continue reading…

Tags: Behavioral Advertising, Consumer Protection, Cookies, E-Privacy Directive, EU Member States, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, United Kingdom

ICC UK Releases Updated Cookie Guidance

On November 27, 2012, the International Chamber of Commerce of the United Kingdom (“ICC UK”) released the second edition of its cookie guidance (the “Guidance”). The ICC UK released the first edition of the Guidance in April of this year, and has produced this latest version to take into account updated guidance released by the UK Information Commissioner’s Office (“ICO”), the Article 29 Working Party Opinion 04/2012 on cookie consent exemption and new UK advertising rules on online behavioral advertising.

Continue reading…

Tags: Advertisement, Article 29 Working Party, Behavioral Advertising, Consent, Consumer Protection, Cookies, European Union, Information Commissioners Office, International, Online Privacy, Opt-In Consent, Privacy Policy, United Kingdom

German Advertisers Launch Self-Regulation Initiative for Online Behavioral Advertising

On November 19, 2012, 40 German advertising associations launched the “German Data Protection Council for Online Advertising,” a new initiative to coordinate and enforce self-regulation in the German online behavioral advertising (“OBA”) sector. The initiative is linked to the European Interactive Digital Advertising Alliance (“EDAA”), which manages the self-regulation efforts of the European online advertising industry.

Continue reading…

Tags: Advertisement, Behavioral Advertising, Cookies, European Union, Germany, International, Marketing, Online Privacy