Behavioral Advertising

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

On January 8, 2020, the Information Commissioner’s Office (“ICO”) launched a consultation on its draft direct marketing code of practice (the “Draft Code”), as required by section 122 of the Data Protection Act 2018 (“DPA 18”). The Draft Code is open for public consultation until March 4, 2020.
Continue Reading ICO Publishes Draft Direct Marketing Code of Practice for Consultation

The UK Information Commissioner’s Office recently published an updated report on adtech, following a Fact Finding Forum held in March 2019 and consultation with industry players. The report focuses on whether and how organizations in the adtech sector can comply with the GDPR and the UK’s implementation of the e-Privacy Directive.
Continue Reading ICO Warns of Increased Focus on Adtech