On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook, Inc. v. Duguid et al., No. 19-511 (Apr. 1, 2021). At issue in Facebook, was the question of what technology constitutes an “automatic telephone dialing system” within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. §227 et seq. The Supreme Court’s unanimous decision is a huge win for companies who communicate with their consumers by telephone/text message.
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Marketing
Bavarian DPA Declares Transfers to E-mail Marketing Service Prohibited Due to Lack of Controller’s Assessment and Supplementary Measures
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On March 15, 2021, the state Data Protection Authority of Bavaria declared the use of U.S. e-mail marketing service Mailchimp by a fashion magazine in Bavaria impermissible due to lack of compliance with Schrems II mitigation steps for the transfer of e-mail addresses to the U.S.…
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ICO Publishes Report on Compliance in Direct Marketing Data Broking Sector
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On October 27, 2020, the UK Information Commissioner’s Office published a report following its investigation into data protection compliance in the direct marketing data broking sector, alongside its enforcement action against Experian.…
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ICO Issues Enforcement Notice Against Experian
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On October 27, 2020, the UK Information Commissioner’s Office published its enforcement notice against credit reference agency Experian Limited under Section 149 of the Data Protection Act 2018.…
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EDPB Published Guidelines on the Targeting of Social Media Users
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The European Data Protection Board recently published Guidelines on the Targeting of Social Media Users, which aim to provide practical guidance on the role and responsibilities of social media providers and those using targeting services.…
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Belgian DPA Fines Company for Unlawful Processing and Non-Compliance with Data Subject Rights
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On June 16, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine on a company for unlawful and incorrect processing of personal data and non-compliance with the EU General Data Protection Regulation’s data subject rights provisions. …
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FCC Proposes Largest Fine in Its History for Telemarketing Violations
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On June 9, 2020, the Federal Communications Commission announced a proposed 225 million dollar fine, the largest in the history of the FCC, against several individuals for telemarketing violations. …
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Belgian Data Protection Authority Imposes Fine on Non-Profit Organization for Unlawful Direct Marketing Practices
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On May 29, 2020, the Litigation Chamber of the Belgian Data Protection Authority imposed a fine of €1,000 on a non-profit organization.…
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German BGH Ruling on Consent for Cookies and Third-Party Advertising
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On May 29, 2020, the German Federal Court of Justice, Germany’s highest court for civil and criminal matters, issued its ruling on case Planet49 regarding consent requirements for the use of cookies and telemarketing activities. …
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CNIL Publishes Guidance on Web Scraping and Re-Use of Publicly Available Online Data for Direct Marketing
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On April 30, 2020, the French Data Protection Authority published guidance on the extraction of web users’ personal data from online public spaces by web scraping tools and re-use of such data for direct marketing purposes.…
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