Last month, the Global Advertising Lawyers Alliance (GALA), in collaboration with the International Advertising Association (IAA), released the first-ever book on how privacy laws affect marketing and advertising around the world. The book, entitled “Privacy Law: A Global Legal Perspective on Data Protection Relating to Advertising & Marketing,” is over 700 pages and covers privacy laws in more than 70 countries – from Argentina to Zimbabwe.

Continue Reading GALA and IAA Release First-Ever Global Guide to Privacy Laws Related to Advertising & Marketing

On July 24, 2019, the FTC announced a $5 billion settlement with Facebook to address Facebook’s alleged violations of the FTC Act and its 2012 consent order with the FTC. The settlement comes as no surprise to the privacy community – Facebook has been closely scrutinized by the public and regulators since the Cambridge Analytica data incident in March 2018 and indicated to investors earlier this year that it anticipated a fine from the FTC between $3 and $5 billion.

We have read the complaint, settlement, and press releases issued by the FTC and Facebook, and provide our thoughts below on what it means for business:
Continue Reading Business Takeaways from the FTC $5 Billion Settlement with Facebook

On May 29, 2019, Nevada’s SB 220[1] became law, amending Nevada’s Privacy Law (2017).[2] The existing Nevada Privacy Law is similar to California’s Online Privacy Protection Act (2004), by requiring a conspicuously posted privacy policy. The new SB 220 resembles the new California Consumer Privacy Act (“CCPA”) but is more narrow in application and scope.


Continue Reading Nevada’s New Privacy Law Has Data Sale Opt-Out Rights

Earlier this month, three class action lawsuits were filed against companies for alleged violations of the Children’s Online Privacy Protection Act (“COPPA”). These lawsuits are raising eyebrows as COPPA does not provide for a private right of action, and a potential class certification could open the floodgates for COPPA-based lawsuits. Given these lawsuits and the recent enforcement actions brought by the FTC and the New York State Attorney General, companies more than ever need to understand their responsibilities and obligations under COPPA and maintain measures for compliance.
Continue Reading Class Action Lawsuits over Alleged COPPA Violations Reinforce Importance of Compliance

Earlier this month, the FTC announced that a third-party study and report on cross-device tracking had been completed by the Office of Technology, Research and Investigation (“OTech”), following up on their presentation on this topic at the FTC’s 2015 workshop.  The FTC released its own report on cross-device tracking last week, which will be covered in a subsequent blog post.  OTech’s study focused on: 1) what information companies are collecting and may be using to track consumers across devices, and 2) what companies are disclosing about their cross-device tracking in privacy policies or otherwise (the answer is not much!). 
Continue Reading FTC Highlights Third-Party Report Finding That Companies Are Hiding the Ball on Cross-Device Tracking