As we’ve discussed previously, the GDPR significantly limits user consent as a basis for processing personal data. One interesting question is whether the new rules on consent will kill free apps in Europe. Free apps typically involve the offer of a service (the app) in exchange for access to personal data (whatever data the app… Continue Reading
Online Advertising
Subscribe to Online Advertising RSS FeedREMINDER: Webinar – The Long Reach of COPPA
Posted in Children, Events and Webinars, Online AdvertisingIf your company has an online presence — or provides marketing or advertising services — you should be registered for the fifth webinar in our 2015 Wednesday Privacy Webinar series: The Long Reach of COPPA. Recall the recent FTC settlement agreement with Yelp — clearly a site not targeted at children — that cost… Continue Reading
The NAI Issues Privacy Guidelines For Interest-Based Advertising, Ad Delivery and Reporting
Posted in Data Compliance & Security, Online AdvertisingThe Network Advertising Initiative (NAI) has issued guidance for its members on the use of non-cookie technologies for Interest-Based Advertising (IBA) and Ad Delivery and Reporting (ADR) (Guidance). The NAI is a self-regulatory organization for third-party digital advertising companies. Consistent with the NAI Code of Conduct (NAI Code) which was designed based on the Fair… Continue Reading
Privacy Monday – May 18, 2015
Posted in Children, Cybersecurity, Data Breach, Data Breach Notification, Data Compliance & Security, Events and Webinars, Mobile Privacy, Online Advertising, Privacy Monday, Security, UncategorizedIt’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to Cybersecurity The Division of Investment Management of the Securities & Exchange Commission (SEC) has weighed in on cybersecurity of registered investment companies… Continue Reading
Video Interview: Discussing Cross-Device Tracking on LXBN TV
Posted in Data Compliance & Security, Federal Trade Commission, Mobile Privacy, Online AdvertisingFollowing up on my recent post on the matter, I had the opportunity to speak with Colin O’Keefe of LXBN on the subject of cross-device tracking. In the brief interview, I discuss the growing prevalence of cross-device tracking and what the FTC is doing in response.
Cross-Device Tracking: The New World
Posted in Data Compliance & Security, Federal Trade Commission, Mobile Privacy, Online Advertising, UncategorizedFacebook does it. Google does it. It’s everywhere in the mobile ad ecosystem. And your smartphone does it more often than you know, according to a study released on Monday by Carnegie Mellon. Now, Federal authorities have turned their attention to cross-device and cross-service tracking of consumers over the last several days and weeks. Speaking at… Continue Reading
Who’s your role model for EU privacy notices? The latest Google Undertaking
Posted in European Union, Mobile Privacy, Online Advertising, UncategorizedWhen small and mid-size companies start expanding their apps or web presence into Europe, they need to start thinking about EU data protection laws. It’s tempting to take a look at what one or two of the “big guys” do about EU data protection compliance and think that whatever the big guys do in Europe… Continue Reading
Privacy Monday – August 18, 2014
Posted in Data Breach, Data Compliance & Security, Online Advertising, Privacy Monday, Privacy Regulation, SecurityThere is another retail data breach to talk about in this Privacy Monday post – privacy & security bits and bytes to start your week. Supermarket Chain Reports Data Breach Minnesota-based food retailer Supervalu Inc. has reported breach of its point-of-sale (POS) system, apparently by hackers. A press release on the corporate website describes the… Continue Reading
How Online Advertisers May Steal Your Personal Information: Recommendations for Protecting Consumers
Posted in Cybersecurity, Online Advertising, SecurityWritten by Adam Veness The United States Senate Permanent Subcommittee on Investigations recently released a report outlining six findings concerning online advertising risks to consumers’ personal information and four recommendations on how to protect consumers from these hidden hazards. FINDINGS 1) Consumers risk exposure to malware through everyday activity. Consumers can incur malware attacks by… Continue Reading
Complaint from BBB Triggers HarperCollins COPPA-Compliance Measures
Posted in Children, Data Compliance & Security, Online AdvertisingWritten by Julia Siripurapu The Children’s Advertising Review Unit (CARU) announced (press release) that it has recommended that HarperCollins Publishers Ltd. (the “Company”) modify its information collection practices on its Ruby Redfort child-directed website (the “Site”) to better protect the privacy of children under 13 (“Children”) and that the Company has agreed to do so…. Continue Reading
Senator Markey Back in the Privacy Hunt: Google’s New Terms of Service Prompt Letter to FTC
Posted in Federal Trade Commission, Online Advertising, Privacy RegulationWritten by Adam Veness Google has recently announced changes to its terms of service that will allow Google to incorporate its users’ photos, comments and names in advertisements. This new policy will go into effect on November 11th. Seemingly always quick to action when privacy issues are implicated, Senator Edward J. Markey (D-MA) has already… Continue Reading
California Update: What Can Brown Do for You? What You Need to Know About the Two Data Privacy Bills Headed to the Desk of California’s Governor
Posted in Legislation, Online Advertising, Privacy RegulationTwo data privacy bills, Assembly Bill 370 and Senate Bill 568 have been sent to California Governor Jerry Brown for signature. As we previously reported, A.B. 370 would require commercial websites or online services that collect personally identifiable information to disclose how that site or service responds to “do not track” signals or similar mechanisms. … Continue Reading
Summer Break is Over for California Senate, Which May Mean New “Do Not Track” Disclosure Requirements for You
Posted in Online AdvertisingWritten by Jake Romero What did you do over your summer vacation? Yes, the sad truth is that summer is almost over. You can tell because there wasn’t a single superhero movie that opened at the box office last weekend (no, Smurfs2 does not count) and because the California Senate is preparing to reconvene from its summer… Continue Reading
Privacy Monday – July 22, 2013
Posted in Online Advertising, Privacy MondayPrivacy gaffes and tidbits to start your week. Keeping up with Kardashians is NOT a defense under HIPAA [Originally posted in Mintz Levin’s Health Law & Policy Matters Blog] Written by Dianne Bourque The LA Times recently reported the firing of six workers at Cedars-Sinai Medical Center in connection with the unauthorized access to patient… Continue Reading
FTC Finally Updates Its “.com Disclosures” – Welcome to the Small Screen
Posted in Mobile Privacy, Online AdvertisingWritten by Amy Malone After rounds of comments and public workshops, the FTC has finally released an update to its digital advertising disclosure guidelines (here). The FTC first released guidance on digital advertising in 2000 (see those guidelines here) and last May the FTC requested comments on how the guidelines could be updated. The FTC points… Continue Reading
FTC to Mobile App Developers: Get Privacy Right from the Start
Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy RegulationMobile app developers have some unique challenges when it comes to preparation and implementation of privacy policies. But, regulators have made it quite clear that the general privacy laws and regulations apply whether the application is online or mobile. To refresh your memory, see our Mintz Client Alert (here) regarding the California AG’s agreement with… Continue Reading
Keeping an eye on Canada’s tough anti-spam law
Posted in Online Advertising, Privacy RegulationNorth American marketers take note: Canada is set to finalize one of the toughest anti-spam laws in the world. Canada had fallen behind when it came to introducing anti-spam legislation, but it is now making up for lost time. Ottawa’s new Bill C-28— known as “CASL” and expected to be finalized early in 2013 —… Continue Reading
FTC v. Myspace Part II — The Takeaways
Posted in Data Compliance & Security, Federal Trade Commission, Online Advertising, Privacy Litigation, Privacy RegulationThe FTC has again provided us with a road map to compliance through the Myspace consent order. Here are the takeaways that should concern every company with an online presence. Keeping the FTC Out of Your Space — The Takeaways Much can be learned from how the FTC has evaluated the adequacy of Myspace’s privacy policy… Continue Reading
FTC Issues Long-Awaited Privacy Report
Posted in Federal Trade Commission, Legislation, Online Advertising, Privacy RegulationWritten by Adam Veness Earlier today, the FTC held a press conference and issued a final report setting forth best practices for businesses to protect American consumers and to provide consumers with greater control over the collection and use of their data. You can find the full report here: Final Commission Report on Protecting Consumer… Continue Reading
President Obama: “American consumers can’t wait any longer….”
Posted in Data Compliance & Security, Federal Trade Commission, Legislation, Online Advertising, Privacy RegulationAt the White House today, President Obama unveiled his administration’s framework for new privacy regulations and the long-awaited white paper entitled “Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy.” This follows up on the Department of Commerce “green paper” issued well over a year… Continue Reading
No Motion to Dismiss in Facebook “Sponsored Stories” Case
Posted in Class Action Litigation, Online AdvertisingWritten by Jake Romero California district judge Lucy Koh has rejected a motion to dismiss brought by Facebook, Inc. in response to a lawsuit brought by plaintiffs Angel Fraley, et al. alleging that Facebook’s “Sponsored Stories” violate California’s Right to Publicity Statute (CA Civil Code §3334). Sponsored Stories are paid advertisements containing the name and… Continue Reading
Recommended Reading: Privacy Policy Paper on Online Behavioral Advertising Issues
Posted in European Union, Legislation, Online Advertising, Privacy RegulationMost of the legislative privacy buzz this session has centered around online behavioral advertising (OBA) — along with the Federal Trade Commission’s proposal for a universal “do-not-track.” The center of discussion for U.S. legislators and regulators has been clear and conspicuous disclosure to users about OBA and to allow opt-outs. Regulators on the EU are… Continue Reading
Privacy Class Actions – It’s Still About the Damages
Posted in Class Action Litigation, Online Advertising, Privacy LitigationWritten by Kevin McGinty In a mixed decision, a federal court judge in New York dismissed federal statutory claims arising from Web-based advertisers’ use of cookies that tracked users’ Web browsing activities, but denied a motion to dismiss claims under state law. The plaintiff in Bose v. Interclick alleged that Interclick and clients McDonalds, CBS, Mazda… Continue Reading
If you don’t want privacy regulation — FTC advises industry to “move quickly”
Posted in Data Compliance & Security, Legislation, Online AdvertisingThe Federal Trade Commission’s public comment period on its preliminary staff report, Protecting Consumer Privacy in an Era of Rapid Change: A Proposed Framework for Businesses and Policymakers, has closed. The FTC received over 300 comments during the extended comment period, including several states. It is looking more likely that some form of privacy regulation… Continue Reading
