Tag Archives: Cookies

The Post-Cookie Digital Advertising Landscape: Planning for Privacy Compliance in Unsettled Terrain

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Priyanka Surapaneni on May 31, 2023 Posted in Advertising

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Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation. Digital advertising also incorporates many digital tools and systems that target … Continue Reading

OCR Guidance on Use of Tracking Technologies Warrants Review of Website Tech

By Aleksandra Vold, Lynn Sessions and Stefanie Ferrari on December 13, 2022 Posted in Information Governance, Information Security

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) issued guidance regarding covered entities’ and business associates’ use of tracking technologies (the Guidance). As discussed in greater detail below, the Guidance reveals OCR’s position that an IP address is not just an identifier but is itself individually identifiable health information (IIHI) … Continue Reading

Modeling the Privacy Catwalk: Practical Steps Forward

By Carolina Alonso and Nikki Edmunds on September 28, 2022 Posted in Data Privacy

What’s Trending? (Privacy a la Mode) Notable fashion brands have been engaging in a “trial period” of new technologies as privacy laws and privacy enforcement are trending – for example, exploring integrating branding into digital assets in video games, virtual reality (VR) and augmented reality (AR) technology, metaverses, and non-fungible tokens (NFTs). Fashion naturally pushes … Continue Reading

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Four

By Fernando A. Bohorquez, Jr., Gerald J. Ferguson, Yadilsa Diaz and Priyanka Surapaneni on April 5, 2022 Posted in Cookies

Part I: What Are Third-Party Cookies and Why They Are Important Part II: Privacy Laws and Third-Party Cookies Part III: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – Browsers and Mobile Part IV: The Big Tech Phase-Out of the Third-Party Cookie and the Emerging Industry Landscape – First-Party Data … Continue Reading

A Digital Advertising Primer on Preparing for the Post-Cookie World: Part Two

By Gerald J. Ferguson, Fernando A. Bohorquez, Jr. and Yadilsa Diaz on January 12, 2022 Posted in Cookies, Data Privacy, GDPR, Privacy

Part I: What Are Third-Party Cookies and Why they are Important — PART II — Privacy Laws And Third-Party Cookies Welcome to our second installment in our eight-part series preparing you for the post-cookie world. In our first post, we provided a deep dive into cookies for a baseline understanding of the technology and why … Continue Reading

Ad Industry Split on Cookies and CCPA

By Alan L. Friel, Taylor A. Bloom, Kyle R. Fath and Catrina Wang on March 10, 2020 Posted in Advertising, CCPA

Owners of websites and mobile applications that utilize cookies and other tracking technologies, e.g., pixels, app SDKs (tracking technologies), for interest-based advertising and other activities inherently share data across the digital ecosystem and will have to address these activities as part of their greater California Consumer Privacy Act (CCPA) compliance approach. In particular, the CCPA’s … Continue Reading

EU Regulators Increase Focus on Cookie Practices

By Laura E. Jehl, Kyle R. Fath, Jean Shin and Monique Matar on March 14, 2019 Posted in Enforcement, GDPR

In the absence of cookies-related guidance and enforcement by regulators against ordinary website publishers and operators, many e-commerce sites, online publishers and other website operators have taken a “wait and see” approach with respect to implementing GDPR-compliant cookies consent procedures. Recent cookies-related regulatory guidance, however, from the Dutch data protection authority, Autoriteit Persoonsgegevens (“Dutch DPA”), … Continue Reading

Cookies and Consent Under the EU GDPR

By David M. Brown on November 29, 2018 Posted in Enforcement, GDPR, Online Privacy

According to a recent story published by The Register, the U.K. data privacy watchdog, the Information Commissioner’s Office (ICO) has issued a warning to the U.S.-based newspaper The Washington Post (WaPo) about obtaining consent under the EU General Data Protection Regulation (GDPR) and allowing its readers to switch off tracking and cookies. Article 6(1) of … Continue Reading

Legal Issues to Consider Before Starting Big Data Projects

By Judy Selby and Benjamin Barnes on February 23, 2015 Posted in Big Data

We read every day about the myriad of purposes for which enterprises are embarking on Big Data projects. Securing C-suite buy in and funding may be a significant endeavor, as is implementing an analytic approach to yield results that will achieve the project’s overall goals. In the face of those challenges, the legal and regulatory … Continue Reading

Legal concepts every social media marketer should know: Part II — Rules of the road for online advertising

By Fernando A. Bohorquez, Jr. on August 27, 2013 Posted in Children’s Privacy, Marketing, Online Privacy

Editor’s Note: This blog post was originally published on August 26, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. As long as we have sold stuff, we’ve used images or stories to help sell them. As Calvin Coolidge of all people once said in … Continue Reading

Legal concepts every social media marketer should know: Part I — Consumer privacy

By Fernando A. Bohorquez, Jr. on August 15, 2013 Posted in Children’s Privacy, Marketing, Mobile Privacy, Online Privacy, Social Media

Editor’s Note: This blog post was originally published on August 12, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission. This post is co-authored by Alan M. Pate. There are three things a social media website operator or digital marketer probably hates to hear most before launching an online ad campaign: 1. Can you make … Continue Reading

FTC Final Order Prohibits Epic Marketplace From “History Sniffing”

By Maryanne Stanganelli on March 26, 2013 Posted in Online Privacy

Authored by: Elizabeth Stamoulis The FTC recently approved a final order settling charges against Epic Marketplace, Inc. (“Epic”), a wholly-owned subsidiary of Epic Media Group, LLC. This action against Epic is another step in the FTC’s continuing efforts to limit the use of online tracking technologies, previously discussed on this blog here and here. In … Continue Reading

Focus on Behavioral Advertising

By Craig A. Hoffman on August 26, 2011 Posted in Behavioral Advertising

As the FTC is evaluating its Dot Com Disclosures guidelines and Congress considers Do Not Track legislation, the debate over regulation of online advertising has intensified. On one side, opponents of new legislation explain how online advertising subsidizes many of the free services Internet users enjoy and point to studies showing that Internet advertising contributes … Continue Reading

Are the Cookies Crumbling?

By Gerald J. Ferguson on May 24, 2011 Posted in Enforcement, International Privacy Law, Online Privacy

Although the world did not come to the end on Saturday, as one millennial group had predicted, some in Europe worry that the end is near for European Internet start-ups when the new EU cookie directive goes into effect on May 25, 2011. The concern is that European-based web sites will become littered with pop-up … Continue Reading

Fighting Back Against Flash Cookies

By Robert Razzano on September 20, 2010 Posted in Online Privacy

Savvy internet users know that their movements on the Internet are tracked by the use of “cookies” placed on their computers and used by marketing firms to study consumer patterns and target advertising. They also think that their internet browsers are equipped to remove those cookies. What many users—even vigilant users—do not know, is that … Continue Reading