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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Marketing
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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UK Information Commissioner Releases COVID-19 Guidance for Controllers and Health and Care Practitioners
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The UK Information Commissioner’s Office has published guidance regarding its expectations for controllers and health professionals during the COVID-19 outbreak.…
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Dutch DPA Fines Royal Dutch Tennis Association 525,000 Euros For Illegal Data Sale
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On March 3, 2020, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens, the “Dutch DPA”) announced that it had imposed a €525,000 fine on the Royal Dutch Tennis Association (De Koninklijke Nederlandse Lawn Tennisbond, “KNLTB”) for an illegal sale of personal data.…
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ICO Fines Scottish Company Maximum Amount for Automated Calls
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On March 2, 2020, the UK Information Commissioner’s Office fined CRDNN Limited for a breach of the Electronic Communications Regulations due to unsolicited automated direct marketing calls. …
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Good News for TCPA Defendants
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Posted in Marketing, U.S. Federal Law
The meaning of an “automatic telephone dialing system” (“ATDS”) as defined by the Telephone Consumer Protection Act (“TCPA”) has been hotly contested since the D.C. Circuit invalidated the prior Federal Communications Commission (“FCC”) rulings interpreting the TCPA in 2018. The Ninth Circuit has held that merely calling numbers from a stored list is sufficient to meet the definition of an ATDS, while the Third Circuit has at least indicated that the ability to generate numbers randomly or sequentially is the defining characteristic.…
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