Behavioral Advertising

On June 3, 2021, Google informed app developers that beginning in late 2021, when Android 12 OS users opt out of personalized ads, the advertising ID provided by Google Play services will not be made available to app developers for any purpose.
Continue Reading Google to Prevent App Developers from Using Advertising ID for Any Purpose Following User Opt-Out

On May 11, 2021, Senators Edward Markey (D-MA) and Bill Cassidy (R-LA) introduced the Children and Teens’ Online Privacy Protection Act. The Bill, which would amend the existing Children’s Online Privacy Protection Act, would prohibit companies from collecting personal information from children ages 13 to 15 without their consent.
Continue Reading Senate Bill Would Expand Federal Children’s Privacy Protections

On May 2, 2021, the Norwegian data protection authority, Datatilsynet, notified a U.S. company of its intention to issue a fine of 25 million Norwegian Krone (approximately 2.5 million Euros). The preliminary fine was issued for failure to comply with the General Data Protection Regulation’s accountability, lawfulness and transparency requirements, primarily due to the company’s tracking of website visitors.
Continue Reading Norwegian DPA Issues 2.5M EUR Preliminary Fine for U.S. Company Utilizing Web-Tracking IDs

The Federal Trade Commission announced that it will hold a workshop on digital dark patterns on April 29, 2021. The workshop will aim to understand the ways in which user interfaces can have the effect, intentionally or unintentionally, of obscuring, subverting or impairing consumer autonomy, decision-making or choice.
Continue Reading FTC to Host Digital Dark Patterns Workshop in April

On February 10, 2021, the European Data Protection Supervisor published two opinions on the European Commission’s proposals for a Digital Services Act and a Digital Markets Act. The two proposals are part of a set of measures announced in the 2020 European Strategy for Data and have two main goals: (1) creating a safer digital space in which the fundamental rights of all users of digital services are protected, and (2) establishing a level playing field to foster innovation, growth and competitiveness in the European Single Market and globally.
Continue Reading EDPS Publishes Opinion on Digital Services Act and Digital Markets Act

The recent UK case of Soriano v Forensic News and Others tested the territorial reach of the General Data Protection Regulation and represents the first UK judgment dealing with the territorial scope of the GDPR. This was a “service out” case, where the claimant, Walter T. Soriano, sought the Court’s permission under the UK Civil Procedure Rules to serve proceedings on the defendants, who were all domiciled in the U.S.
Continue Reading UK Case Tests the Territorial Application of the GDPR to U.S. Run Website

As reported on the Hunton Retail Law Resource blog, the Federal Trade Commission settled charges with mobile advertising company Tapjoy, Inc., on allegations that the company failed to provide promised rewards in exchange for completed activities such as the payment of money, disclosure of sometimes-sensitive personal information or registration for “free trial” marketing offers.
Continue Reading FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information