Tracking

On March 22, 2023, the German Conference of Independent Supervisory Authorities (“SAs”) adopted an opinion on websites that offer users a choice between (i) a free version that tracks users’ behavior or (ii) a (usually paid) version that does not track users’ behavior.…

Continue Reading German Supervisory Authorities Publish Opinion on (Paid) Subscription Websites

On 22 December 2021, the conference of German data protection supervisory authorities (“DSK”) published its Guidance for Providers of Telemedia Services (Orientierungshilfe für Anbieter von Telemedien).  Particularly relevant for providers of websites and mobile applications, the Guidance is largely devoted to the “cookie provision” of the German Telecommunication and Telemedia Privacy Act (TTDSG), which came into force on 1 December 2021.  The publication  focuses on the consent requirement for cookies and similar technologies, as well as relevant exceptions, introduced by the law.
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Continue Reading German Regulators Publish Cookie Guidance

The Digital Advertising Alliance (DAA), a consortium of the nation’s largest media and marketing associations that has established self-regulatory standards for online behavioral advertising, announced on October 13 that the Council of Better Business Bureaus and the Direct Marketing Association will begin enforcement of the Application of the DAA Principles of Transparency and Control to…

As announced last week, the European Data Protection Supervisor (“EDPS”) released on September 23, 2016 an opinion on “coherent enforcement of fundamental rights in the age of big data.”  This opinion follows an earlier Preliminary Opinion on privacy and competitiveness in the age of big data, published in 2004 (see our previous blog post here).

According to the EDPS, data-driven technologies and services are important for economic growth, but the users of those services are generally unaware of the nature and extent of the “covert tracking”  that fuels the sector.  The growing imbalance between consumers and service providers would diminish choice and innovation and threaten the privacy of individuals.  In fact, the rights of individuals enshrined in the EU Charter of Fundamental Rights would be threatened by “normative behavior and standards that now prevail in cyberspace.”    At the same time, EU rules on data protection, consumer protection, and antitrust and merger control are applied in silos, despite their common objectives.
Continue Reading EDPS Issues Opinion on Big Data and Enforcement

The FTC’s cross-device tracking workshop on Monday focused on the benefits and challenges of cross-device tracking.  FTC Chairwoman Edith Ramirez emphasized that regardless of the specific technology employed, companies should continue working to address issues of transparency, notice, and choice in this area.  She also highlighted the self-regulatory efforts of the advertising industry on cross-device…

The FTC has announced the final agenda for its November 16 cross-device tracking workshop.  According to today’s press release, the workshop “will examine the practice of collecting data through these devices and the potential wide-ranging effects on consumer privacy.”

Opening remarks will be provided by FTC Chairwoman Edith Ramirez, followed by a presentation from Justin…

The Federal Trade Commission will hold a workshop on November 16 to address cross-device tracking.  The FTC’s announcement highlights two forms of cross-device tracking: “deterministic” tracking, which requires that a user log in to the same service across multiple devices, and “probabilistic” tracking, which collects data about users to create a digital fingerprint that links…

The UK Supreme Court has granted Google the right to appeal part of the English and Welsh Court of Appeal’s notable ruling in Google Inc. v. Vidal-Hall & Ors [2015] EWCA Civ 311.

Our previous blog highlighted the facts of the case (brought by Internet users against Google’s ad-tracking practices) and the significant consequences…

Dan Cooper and Phil Bradley-Schmieg

On March 27, 2015, the England and Wales Court of Appeal (EWCA) handed down a historic judgment in Google Inc v. Vidal-Hall & Ors [2015] EWCA Civ 311, with significant consequences for organizations handling personal data in, or from, the UK.

This case was brought against Google Inc. by three users of Apple’s Safari web browser.  They argued that over a period of nine months, Google’s DoubleClick and AdSense services secretly tracked their visits to all websites that used Google AdSense to serve advertising, contrary to Google’s public assurances that users who maintained Safari’s default privacy settings would not be tracked or profiled by DoubleClick, or receive personalized advertising.  This, they allege, allowed Google to wrongfully build up a detailed picture of their browsing history from which it could deduce their interests and personal characteristics, and thus serve personalized adverts.  Similar cases have been brought against Google in the United States, leading to a US$22.5 million U.S. Federal Trade Commission fine and a US$17 million settlement with state attorneys general.…
Continue Reading English Court of Appeal Decision Significantly Expands UK Privacy Law

As the FTC continues to explore the Internet of Things (“IoT”) and IoT devices, today the agency announced that it will host a workshop in November on the topic of cross-device tracking.  Recognizing that today’s typical consumer daily uses a variety of connected devices while simultaneously interacting with numerous platforms, software applications, service providers, and…